Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

CCJ from 3 years ago, thinking about set aside?

Collapse
Loading...
X
Collapse
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous Next
  • #1

    CCJ from 3 years ago, thinking about set aside?

    Hi guys,

    I have a CCJ on my file from 3 years ago from when I was at Uni but only found out about it about 2 years ago. Reason being is that it was for a phone contract that I got in 2017 and I set it up at a term time address so only stayed there from June 2017 to September 2017 then I left. Post for this place gets dropped in the letter hole for the main door and there are 4 flats that use this door. All the mail just sits there in a massive pile and everyone just walks past it or tramples on it.

    I left the place in 2017, moved to another student house for 1 term and the CCJ was issued in 2019 so there was no way I would have got the letters.

    Someone said to me that I might have a chance at getting the CCJ set aside because I wasn't at the address and had no way to defend myself. Was told to post here and get some advice?

    Thanks
    Tags: None
  • #2
    The rules do require you to act promptly.

    Did you say that you became aware of this 2 years ago?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment

    • #3
      Originally posted by atticus View Post
      The rules do require you to act promptly.

      Did you say that you became aware of this 2 years ago?
      Hi,

      Not sure why I said 2 years ago. I became aware of it about a year ago I think maybe less than that, and started paying it back monthly at 50 per month starting December 2021

      Comment

      • #4
        Paying the debt is not consistent with disputing it. So, why are you paying? What grounds do you think you may have to dispute liability?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

        • #5
          Originally posted by atticus View Post
          Paying the debt is not consistent with disputing it. So, why are you paying? What grounds do you think you may have to dispute liability?
          I'm not disputing liability. But I have a CCJ marker on my credit report which I'm assuming means I was summoned to court. If I had known I was due in court then I would have been given the chance to pay the amount back within 30 days to have the CCJ removed. I wasn't in a position to pay but the fact it was going to court would have been enough for a family member help me pay it back. I didn't even know what a CCJ was when it was put on my report

          The CCJ marker is extremely detrimental to my life, not just in terms of getting credit but its a stopping me entering careers that my degree is related to (Economics). I just had an offer withdrawn from a large investment bank in their operations department due to this CCJ.


          Comment

          • #6
            I think that simply getting a court to set this judgement aside may be difficult.

            However, if you aplly to set aside, and at the same time agree payment terms with this creditor, or if possible pay the outstanding balance in full, then the creditor may agree that the judgement should be set aside.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

            • #7
              Originally posted by atticus View Post
              I think that simply getting a court to set this judgement aside may be difficult.

              However, if you aplly to set aside, and at the same time agree payment terms with this creditor, or if possible pay the outstanding balance in full, then the creditor may agree that the judgement should be set aside.
              Okay thanks. Do you think perhaps I should say to creditor that I intend to submit to the court for set aside based on the fact I wasn't at the address etc, and that would they be wiling to accept full outstanding payment in return for them to agree to set aside? I will call them tomorrow

              Comment

              • #8
                That seems to me to be the wrong way round. If you tell them that you are able to pay in full, why should they agree to do anything for you?

                Others may have further thoughts.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

                • #9
                  must say confusing want to pay then ask what to do?

                  Comment

                  • #10
                    Originally posted by atticus View Post
                    That seems to me to be the wrong way round. If you tell them that you are able to pay in full, why should they agree to do anything for you?

                    Others may have further thoughts.
                    Because I am offering to pay up front and in full in exchange for the CCJ to be set aside by consent and not be marked as a CCJ on my credit file anymore. The debt is with Lowell now who would have bought the debt cheap and so they may have an incentive to recoup their investment quicker

                    Comment

                    • #11
                      Originally posted by atticus View Post
                      That seems to me to be the wrong way round. If you tell them that you are able to pay in full, why should they agree to do anything for you?

                      Others may have further thoughts.
                      khjbk

                      Comment

                      • #12
                        Originally posted by MIKE770 View Post
                        must say confusing want to pay then ask what to do?
                        You obviously haven't read the thread or don't have reading comprehension because that's not what I am asking.

                        Comment

                        Previous Next

                        View our Terms and Conditions

                        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                        Announcement

                        Collapse
                        1 of 2 < >

                        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.
                        2 of 2 < >

                        Support LegalBeagles


                        Donate with PayPal button

                        LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                        Create a Thread
                        See more
                        See less

                        Court Claim ?

                        Guides and Letters
                        Loading...



                        Search and Compare fixed fee legal services and find a solicitor near you.

                        Find a Law Firm


                        Working...
                        X