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CCJ help / possibly applying for set aside

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  • CCJ help / possibly applying for set aside

    Hello Community,
    I currently have a CCJ on my credit file which dates back to April 2018 for an original debt dating back to 2013 - I do not deny owing the money (previous relationship / children etc etc) however i just wanted some advice on how successful setting aside my CCJ would be based on the following facts (real facts not a made up story to try and wriggle out of it)
    Original Debt was overdraft with Halifax dating back to 2013 last known address lets call address number 1 (original debt being £2,200)
    April 2018 CCJ granted for £3,037 (yes i understand additional fees / costs etc) CCJ granted at Address number 2 which i no longer lived at nor did anyone i know. at this point i knew nothing about this CCJ or had any opportunity to respond to the judgement

    End 2019 - I receive a letter from Halifax at my current address (yes i still bank with Halifax) simply stating an account number and sort code and refernece number advising me that an error had occurred when passing over a debt they calculated interest wrong and the original debt was incorrect and that they have sent a balance recourse to the current debt owner for -£748 (still did not know about the CCJ)

    Now there was some fair amount of digging around many phone calls and a trip to my local Halifax of which got me nowhere close to finding out what this letter was on about.
    Fast forward another year and i apply for some finance and get declined .... i run my very first credit report (exciting) well not very exciting it turns out and i find on my credit file a CCJ.
    After ringing the court i find it is the Halifax debt i had received a letter on a year earlier and the CCJ amount is the higher (or incorrect amount) I have found the current debt owner who has confirmed the halifax letter and the incorrect amount.
    I have through a subject access request all information regarding the debt and can now see a timeline as follows
    2013 debt passed over to 1st credit
    2015 debt passed over to Intrum
    2018 CCJ granted for £3,037
    2019 Halifax realise error made and original debt should have been £748 less
    2020 I find out about the CCJ and now have the means to pay it and apply for set aside

    so the simple question is .... in my case are their grounds to set aside my debt based on never physically receiving the judgement coupled with the evidence that the original debt was incorrect therefore the judgement amount is incorrect.
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

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.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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