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SET Aside CCJ

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  • SET Aside CCJ

    Investigating the setting aside of an old CCJ.

    In July 2019 I found out after the efffect that I had received a CCJ for non-payment of an invoice.

    I immediately contacted the company and over the next month or so we discussed the merits of their claim and arrived at an agreed settlement figure, which I then paid. I made the payment on 21st December 2019.

    From then onwards COVID has meant that my business was only just surviving and it has been a struggle not to go under. However,survive we did and now things are looking up with lots of business and, for the first time since it happend, the CCJ is acting as a brake to our recovery because of the way it limits credit.

    I know I should have responded earlier but that's water under the bridge. What I wonder is, would it be sensible to submit a claim to put aside the CCJ on the grounds that the debt has been paid and, although not within the quoted one month time period, the reason for the small delay was that the original judgement was not sent to me but my solicitor, who did not pass it on to me, and then when I became aware, a period of negotiation took place that resulted in agreement between the parties, before payment was made.

    In hindsight perhaps I should have included the removal of the CCJ as part of the conditions of payment but I didn't and so I am looking to see if there is anything I can do now.
    Tags: None

  • #2
    Hi Ian

    You've made payment.

    If you can get the creditors consent to set a side the CCJ that will help your cause.
    If they agree it will cost £100 fee to set a side. So approach the creditor see if you can get them onboard.
    I think the Judge / Courts might be sympathetic, but there are no guarantees

    Once you've done that post an update..

    Comment

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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



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    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.




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