Appliation to set judgement aside

[pdickinson00]

I saw on my credit file I had a ccj. As the papers went to my old address I did not recieve the court papers so I applied to have the judgement set aside so i could have the opportunity to pay within a time frame and not have a ccj on my file. I went to court to have the judement set aside and the judge ordered a 'partial set aside'. As I agreed to part of the debt and not the other half he ordered for half of the judgement to be set aside. This is even though he agreed that I didn't receive the paperwork but he said I cant defend half the claim so no point in going to court about it. I disagreed with him and said I wanted the claim back to square one so I didnt get a CCJ and he disagreed. I asked if I would be able to appeal his decision and he said 'im writing on here you cannot appeal'.

Firstly is he able to do a set aside part of the judgement or will the entire judgement get aside back to square one? Secondly if it lawful for him to state that I cannot appeal his decision? What is the point in having an appeal system if the person ruling decides you cannot appeal their decision.

I need the judgement entirely set aside or I will still have the CCJ on my file!

[ploddertom]

The problem you had was admitting you owed part of the sum owed and having asked to pay in instalments shows you could not pay it all off. When did this take place as if you can pay within 30 days then the CCJ would be removed. See what others say but in my view the Judge did nothing wrong.

[pt2537]

The problem you had was admitting you owed part of the sum owed and having asked to pay in instalments shows you could not pay it all off. When did this take place as if you can pay within 30 days then the CCJ would be removed. See what others say but in my view the Judge did nothing wrong.

So the Judgment hasnt been set aside, its been varied it seems due to the admission.

The OP really should have sought legal advice before making the application imho that could have avoided this issue or at least he would have gone into the application with eyes open, i agree with Plodder that the judge seems to have done what he had to do. On the appeal point you can always appeal to the senior court