Can i set aside this ccj

[Tinny]

Hello everyone

It’s a long read, thank you in advance.

I had rent arrears, because I was going through a lot of difficulties in 2021/2022. I was diagnosed with Anxiety and Depression and as a single mum, I literally was keeping my head above water and been self employed my business sank. To top it up my mum had been ill from cancer and it worsened by January 2022 and by Feb I was also diagnosed with a type of cancer in my breast which had to be quickly operated upon. The operation was done 2 weeks after my mom died in April. As you can imagine, it was all a mess but I was on antidepressant and needed to keep sanity for my little boy.

The last thing on my mind were the debts I was accruing. By August I got paid some money by the insurance company which could barely cover all the debts and by this time the landlord ( Agents ) had summoned me to court. I called and said I am happy to pay the arrears however I can’t afford to pay the arrears and leave the property as I won’t have enough money to rent a new place and if they could please allow me to continue to live in the house and they said No. The courts ordered I leave in Sept ‘22 and I was evicted in Feb ‘23. I am more settled now and the CCJ is now on my credit file. As someone who works in finance, this is threatening my livelihood.

Is there a way I can set aside this CCJ. I really don’t want to go back into depression, It was a dark hole I crawled out from.

[Tinny]

Celestine please is there someone that I can tag to help me look at the above situation?

update: I have received a letter from some people called High Court enforcement Group to come to my new place and take my belongings

[Celestine]

I very much doubt you will be able to set aside the CCJ I'm afraid, you can only apply to set aside if you were unaware of the claim and did not attempt to defend.
However, now that the landlord has sought to enforce the debt via bailiffs, you need to immediately apply to the court for a means assessment hearing to arrange a payment plan over time. This will be based on what you can truly afford.
In the meantime, if you have a vehicle, remove it from your driveway/outside house as bailiffs could seize it.
Do not allow bailiffs to enter your home, if they visit before you can get a hearing for the repayments arranged.

[islandgirl]

I do have great sympathy with you but also with the Landlord who has received little or no rent for many months. They also had to cover the costs of eviction. The money is owed but obviously it would be much better to set up a payment plan than to have goods removed. I wish you luck for the future.

[efpom]

It is tolerably clear that your former landlord obtained a possession Order. I assume that the landlord also applied for, and may have obtained a costs Order against you for his costs in bringing the possession proceedings.

I also assume that he may have obtained a rent arrears payment Order,

If my assumptions are correct, I hazard a guess that you owe in the region of £10,000

There is no chance that you can now appeal any debt or costs Orders – you are out of time,

As an alternative to applying to the court for a means assessment hearing*, which would not prevent or delay enforcement of a High court writ, you may wish to consider entering into a payment agreement with your creditor, via the bailiffs,

Do be aware, that if your debt is more than £5,000, it is open to your creditor to seek a Bankruptcy Order against you, which, if granted, could have a negative effect upon your employment in the finance industry.

* https://www.citizensadvice.org.uk/de...rder-for-debt/

[Tinny]

i’m grateful for your responses

The house isn’t owned by a person rather a company. Not to say it’s makes it fair. I really want to pay the money back. If I am able to get a loan and repay this money, does my chances improve? Just so I know where I can turn to.
also the letter I got from the bailiffs stated I owed £14k plus which is different from the court order of £8k plus

[islandgirl]

I would doubt any reputable company will give you a loan. Taking out something like this will drag you down and make it impossible to ever pay off. I would do as Efpom suggests and try to negotiate an affordable monthly payment.

[Tinny]

I spoke to my in-law and he said perhaps he can borrow me if the issues can be resolved

[islandgirl]

It may be worth making an offer in full and final settlement of all matters at a reduced amount for immediate payment if a family member will give you a loan. Alternatively you can only offer what you can afford per month.

[Tinny]

His suggestion was of the initial amount on the court order was paid, perhaps there is a way the CCJ can be set aside, and if not and I have a settled status on my file, would I be able to work in a finance sector with a settled status on a CCj file