Help re. CCJ

[RedBull]

Hi Legal Beagles

Can I have some help please? I don't want to get anything wrong....

So, I applied for a set aside as I found out I had a CCJ I knew nothing about. It was issued to an incorrect address 2 yrs after I moved out. Paid the fee, went to court and the judge agreed. He then asked me if I was going to file a defence. I probably should have asked what this meant before agreeing. Anyway, I said yes.

Since then I have had my £255 back from the solicitor (Howard Cohen) and they have agreed to accept £1000 as full and final settlement of the £1600 debt. Does this mean that if I pay that, I will never get a CCJ entered for the debt? Will I still have to go to court or will Howard Cohen dismiss their claim?

Thank you.

[ploddertom]

So what was the debt for & how old is it? It may be statute barred or unenforceable. Tell us some more so we can send you in the right direction.

[RedBull]

The debt was for an overdraft with Santander 2007 - 2011. I've had a look and I think the default date is 2011. The original claim was brought in 2015 so I think I am right that it isn't statute barred as the set aside takes us back to that date.

I don't think I have a defence which is why I agreed to pay.

[Amethyst]

If the claimant has agreed to accept a full and final settlement and withdraw the claim then ensure you get that in writing first then no you won't have a CCJ against you for this debt and that will be the end of it.

Well done for getting it set aside - usually takes a month to be removed from the register and your credit file after the set aside.

[RedBull]

Thank you Amethyst and Plodder Tom.

I will get it in writing before making payment.