The only cost I asked for back for the £275 which was the application cost, I have worked out that I have spent around 15 hours on the case and also lost out on a days work today. I Will ask the judge today. I am slightly nervous and like rob said it will be interesting to see if she shows up as I there is nothing in evidence that she has put in
CCJ and n244 form help
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Just got home from court,
She turned up which I didn’t think she would, but basically said she would be happy to set aside if I don’t chase her for the costs. I was happy with this and the judge ruled it should be set aside and any costs should be beared by either side.
fair result as I was only bothered about the CCJ coming off and she wasn't interested in chasing up the money she originally claimed for so good result
thanks again everyone especially Rob for holding my hand and walking me through the process, I don’t think I ever imagined court proceedings to be so stressful over something relatively small. Thanks again guys.
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Good result, whilst you agreed to no costs, I do think you would have good grounds to claim that back from her so I think she was very lucky as others may not have been as nice.
However, this isn't the end of the road because setting aside a default judgment doesn't bring proceedings to an end, it merely reverts back to the defence stage unless she has agreed to discontinue the claim altogether. Normally that would require her to submit a notice of discontinuance form but if she never agreed verbally to discontinue, I suspect you will find the court order setting aside the default judgment, but the next step is for you to submit a defence.
The courts are required to update the registry trust to remove the CCJ from your file. Wait for the order to come through and if not removed from your credit file, chase up the court and you can send an email to the registry trust with a copy of the court order - though they typically only act on instructions from the court.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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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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Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
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