Set Aside a CCJ? Is it likely

[Likerome]

Hey! So I have a CCJ on my credit history due to a debt from an energy bill. The energy supplier had been horrific to deal with prior to this, I had fled a DV relationship with a young child, contacted them in December 2018 to ask for time to get back on my feet due to having to move and become single parent - they were due to call me in Jan 2019 (they had mobile and home numbers) and I never had a missed call, the home line was my parents number and there is no way they would have allowed me to ignore it. I contacted them via their ‘contact us’ on 6th Feb 2019 to ask to set up a payment plan and never heard from them. Then on the 7th February 2019 the CCJ was issued. Following a SAR to the energy provider, the letter they issued on 7th February 2019 went to my old address (they had my new address) so at this point I was unaware. I finally managed to set up a payment plan with The provider in March 2019 and at this point I was unaware of the CCJ (due to letters going to the incorrect address). I eventually found out about the CCJ due to checking my credit file and tried to reason with the energy provider to have the judgment set aside to which they did not want to do.

I obviously did not attend the court date as I was unaware of it so I just wondered if anyone has any advice on what my chances would be to get this set aside?

The problem I see, is that the debt is real - I do not dispute owing the money and I am happy to continue to pay the money owed - so a court may just look at that and decline the case. My issue is with the CCJ as I feel it is totally unfair to have this against me when I did not have the chance to dispute this.

thanks in advance!

[echat11]

Hi LIKEROME

On the face of it, a good chance. Your chances would greatly improve if you could get the consent of the energy provider. It might be an idea to write a Formal Letter of Complaint, mark it as such. Explain what's happened, that they sent the CCJ to the wrong address, although they had been given the correct address and what you would like them to do, consent to the set a side.

Write the letter, use the information from your SAR to make your case. You are walking them through their error, so they can see it with evidence they provided. See where you go from there, update the thread.

[Likerome]

Hey!

Thank you for taking the time to respond.

That’s very good to know, I will look at getting in contact with the energy provider again and see if they would be happy to agree to the CCJ being set aside. I think a large issue I had with them when speaking with them about the CCJ previously is that the people who work there are too young to understand anything about how a CCJ works. Hopefully, I will be able to get in touch with the correct person who will know who to speak with!

I will keep you posted with how this develops.

Thanks again!

[echat11]

Hey!

Thank you for taking the time to respond.

That’s very good to know, I will look at getting in contact with the energy provider again and see if they would be happy to agree to the CCJ being set aside. I think a large issue I had with them when speaking with them about the CCJ previously is that the people who work there are too young to understand anything about how a CCJ works. Hopefully, I will be able to get in touch with the correct person who will know who to speak with!

I will keep you posted with how this develops.

Thanks again!

They will have a Legal Department, just ask for your letter to be forwarded on to them.