new- setting aside ccj on madatory ground

[robb77]

Hi all
I had a ccj with Moorcroft which I paid off in full last month. I just realised belatedly , that this ccj is registered dated 15 december 2017 in my credit profile, after the new ccj debt PAP regulations of 1 oct 2017 (which require that a letter of claim has to be sent before a ccj can be raised).
I am pretty certain that I did NOT receive any letter of claim before the ccj was raised (even though there's a very small chance that such a letter may have arrived and got mislaid/lost in my shared apartment).
My question is - can I ask Moorcroft to set aside the ccj on mandatory grounds since no letter of claim was sent in advance of the ccj? If I did do so, what is the best way to frame it so that they agree to set aside without going to court.?
Thanks in advance!

[R0b]

You've already paid the judgment debt so if you wanted to set aside the default judgment you shouldnt have paid.

The fact that no letter before claim was received is unlikely to be grounds for setting aside as of right. If the claim form was not validly served to the correct address then you could argue mandatory set aside. However, I refer back to the point that you've already paid the debt so it is considered satisfied, which you can ask the court to obtain a certificate of satisfaction.

Otherwise you would have to ask Moorcroft to consent to setting aside the judgment which doesnt always work. Issuing an application without their consent could be dangerous for you if you lose, as you may need up paying their costs.

[robb77]

You've already paid the judgment debt so if you wanted to set aside the default judgment you shouldnt have paid.

The fact that no letter before claim was received is unlikely to be grounds for setting aside as of right. If the claim form was not validly served to the correct address then you could argue mandatory set aside. However, I refer back to the point that you've already paid the debt so it is considered satisfied, which you can ask the court to obtain a certificate of satisfaction.

Otherwise you would have to ask Moorcroft to consent to setting aside the judgment which doesnt always work. Issuing an application without their consent could be dangerous for you if you lose, as you may need up paying their costs.

Thanks Rob

I was late in noticing this issue and probably not very smart to pay promptly.

Anyhow any suggestions on whats the best approach to request moorcroft now to set it aside. what sort of a tone or arguments might work with them..?

[R0b]

Write to them and ask. You could fluff the letter up somewhat by suggesting that you were unaware a CCJ had been registered and had done the right thing to pay promptly upon becoming aware of the debt. Now you are asking them to support your application to set aside the default judgment by agreeing to sign a consent order as part of your application (which you will pay at your own cost).

Of course if Moorcroft refuse then there is literally nothing you can do, since they are not legally obliged to help you.