CCJ set aside claim

[Paul_123]

Hi can someone give this a once over? I am applying to get a CCJ set aside: Do I also need a Witness Statement?

I ask the court to make the judgment in this case (Claim No. XXX Judgment dated 31/10/2019) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the 4th April 2021 when I Checked my Credit File

4. My address changed 19 April 2017 and a redirection service was in place through iammoving.com.

5. The debt in question was accrued in 2013 and was an electricity bill. The amount originally being demanded by Churchill Recovery was £2301.44. I have proof of 25 messages of myself and the debt collection company chasing a bill of £2301.44 which I was challenging as to its authenticity. I have these messages as proof, if required. Then contacted Spark Energy and they conducted a full review of my account.The review concluded the amount being demanded was incorrect and Spark Energy were at fault. I have email proof of this review and its findings (see attached evidence). The actual amount due was £757.15. A difference of £1544.29. I then set up a direct payment of £50 per month direct to Spark Energy to clear this debt. I made many payments over the next
few years until I had reduced the amount to approximately £200 owed. I called Spark Energy and agreed with them the remaining £200 should be waived (verbally on the phone). They had previously offered to reduce the amount to £600 (see attached exhibit A) so I thought it was a genuine offer:

On 16/10/2021 I made a written/telephone request to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

7. The Claimant did not respond to my request.

8. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

[echat11]

Hi Paul

R0b Can you take a look please and advise, many thanks.

[R0b]

Isn't what you have posted your witness statement? Where you do propose to put that chunk of information in the application form?

[Paul_123]

Hi Rob. I was going to basically repeat that in the application form. Hi I have settled a CCJ (not within one month). If I apply for set side, is it still possible to lose?

[Paul_123]

i dont want to apply for a set aside and then lose the court case and start from the 6 years again. But is that even possible as I have settled the CCJ?

[R0b]

You might struggle to get a set aside because you've chosen to pay the debt which means there's an admission of liability. If you didn't want to admit liability or have a reason to set aside the default judgment then you shouldn't have paid it.

When a judgment is set aside it reverts back to the position where you have to file a defence. From the court's point of view, if the amount has already been paid then there is no case to answer and will be a pointless exercise because there is nothing to adjudicate. You will have to convince the judge otherwise and the only way I can think of you getting around this is to get a consent order signed by Spark Energy agreeing to set aside and then dismissing the case.

In short, if you're thinking of disputing or seeking to set aside a default judgment, do not pay whatever the circumstances until after your application has been heard.