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Sent in my application to set aside a CCJ from 2019. Next steps?

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  • Sent in my application to set aside a CCJ from 2019. Next steps?

    Hi everyone

    My situation is a bit different from the norm. A CCJ was issued against me in December 2019. It was sent to an address I was no longer living at. The claimant is a local individual not a company. It was for a parking fine issues for parking on private land.

    Long story short, I became aware of the CCJ in 2021 and emailed the court asking what it was for. They gave me the details of the date and address of service etc. I emailed the claimant and asked him to make contact with me to discuss and didn’t hear anything back. I was in a really bad place mentally stemming from being a single mother fleeing an abusive relationship. I naively buried my head in the sand and ignored it for a while.

    Fast forward a few years and I’m in a much better place, I’m preparing to qualify as a solicitor and hoping to buy my first home next year. I obviously had to disclose the existence of my CCJ to the SRA as it will affect the likelihood of me being accepted as a solicitor so I am now facing the music of my past actions.

    I’m aware that given the time that has passed and the relatively small amount owing, the best course of action was probably to wait until it dropped off my credit file but that’s not an option for me. I have to resolve this before I can progress my career and I’ve been advised to apply to get it set aside in the first instance, with the intention that if I’m unsuccessful I’ll repay the balance in full. At this point it’s worth a shot.

    I sent my application and supporting evidence (evidence I’d moved address, the claimant made no attempts to find my address even after the claim and judgement were sent back to the court marked “gone away” by the people living at my old address, that I’ve emailed and written to the claimant with no response from them, that this is now impacting my career) today. My questions are:-

    1. How long does it usually take for a hearing date?

    2. Will the Court serve my application on the claimant or do I send a copy to him in the post?

    3. If I’m successful, I understand we’ll be put back in the position we were before the judgement and I’ll have to defend my claim. If I cannot and another CCJ is issued, does the usual rule still apply that if I make payment in full within the time limit, the CCJ will not be shown on my credit file?

    thanks in advance
    Tags: None

  • #2
    1) You should really have selected without a hearing, but hearing will be 2-5 months from application date.
    2) It depends, but you don't need to do it no
    3) Yes

    Comment


    • #3
      Oh I did request without a hearing but I was led to believe that most applications require a hearing anyway. Does this make a difference?

      Comment


      • #4
        without a hearing means normally without a hearing, unless it is determined that a hearing is needed.

        Comment

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        Income/Expenditure
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        CCA Request
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        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



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