CCJ Overdales - N244 form

[Rebecca317]

Hi,

In 2022, I received a CCJ without my knowledge, for a debt I had forgotten about. The court form was sent to an address that I had recently moved out of which is why I wasn't initially aware and wasn't able to act to stop the CCJ being registered. My ex partner was still living at the address and it was a couple of months later that I picked up my post from him and opened the letter, at which point it was too late and the CCJ had been processed.
I called overdales and set up a monthly payment plan. The debt including court fees is around £4000. At the time, I wasnt aware I could apply to have the CCJ set aside, if the court form was sent to an old address, meaning I didn't act on it. I have only just become aware of this and my question is, 2 years on, is it too late to apply to have it set aside on the basis that it was sent to an old address, even though I am now making monthly payments towards it?

Thanks

[echat11]

Hi REBECCA317

Welcome to LB

You should have tried to get it set a side once you found out about it.

Write to the Creditor, seek their consent (the fee would be less, also helps your case if they give consent), explain what happened, any mitigating circumstances i.e. health, work etc that may help your case, you need a very good reason why you didn't request it to be set a side at the time, 'didn't know about it' is not a good reason.

Ultimately, it will be up to the Judge / Court whether they grant a 'set a side' because of the 'delay'.

[JK2054]

Hi,

In 2022, I received a CCJ without my knowledge, for a debt I had forgotten about. The court form was sent to an address that I had recently moved out of which is why I wasn't initially aware and wasn't able to act to stop the CCJ being registered. My ex partner was still living at the address and it was a couple of months later that I picked up my post from him and opened the letter, at which point it was too late and the CCJ had been processed.
I called overdales and set up a monthly payment plan. The debt including court fees is around £4000. At the time, I wasnt aware I could apply to have the CCJ set aside, if the court form was sent to an old address, meaning I didn't act on it. I have only just become aware of this and my question is, 2 years on, is it too late to apply to have it set aside on the basis that it was sent to an old address, even though I am now making monthly payments towards it?

Thanks

can still apply set aside
4k is worth trying.