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CCJ being Set Aside

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  • CCJ being Set Aside

    Hopefully a quickie!

    I did not receive the original CCJ and had to pay to have it set aside.

    I have this date and had it set to my local court, now the solicitors of the company that took me to court are saying to save costs they are willing to consent to the judgment being set aside, but it says the following:

    “Judgment dated ** 2018 is set aside on the condition that the Defendant files and serves a fully particularised Defence within 14 days of the date of this Order;”

    Can someone clarify what they are asking for here?

    Many thanks

    NNN
    Tags: None

  • #2
    They want details of how you intend to defend the CCJ. Setting it aside doesn't solve the debt problem, it just rolls it back to where there wasn't a CCJ because you never got the papers. So the court process will usually just start again and you have to defend it, otherwise you just get a new CCJ with a slightly later date which have been pointless.

    Do you have a potential defence? or are you planning to pay the debt?

    Comment


    • #3
      Thanks for your reply DC

      Yes, I do have a defense.

      Do I do this in a bullet point format?

      NNN

      Comment


      • #4
        Is this phrase contained in the consent order being agreed for the set aside ? If so, it doesn't mean they want your defence now, just that the court should order the defence be filed and served within 14 days of the order being made. Yes you should prepare your defence but you do not need to disclose it to the other side at this stage.

        What are the other terms on the draft order ?

        Judgment be set aside
        Defence be filed in 14 days

        anything else? eg. No order as to costs etc

        depending on your reasons for applying to set aside you should ask for your costs of the application (£255) did you ask for consent before applying ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment

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        NOTE: If you receive a court claim note these dates in your calendar ...
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        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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