Claimant Opposing Set Aside But Say They Won’t Enforce – Contradictory?

[novice95]

Hi all,

I have a set-aside hearing coming up in two weeks for a CCJ obtained by Lowell (via Overdales) for £430. I’ve applied on the grounds that I didn’t receive the claim due to being in a coercive and abusive relationship at the time, it's a long and horrible story, but I didn't have control over any finances, correspondence etc ect, I’ve provided substantial evidence including police reports, a mental health form, and a supporting statement.

Overdales have now sent me a written response saying they oppose the application and claim the CCJ was “regular” because they served it to my last known address. They also say I was “aware of the debt” due to small payments made before the claim was issued (not even made by me).

But then in the same letter, they state that due to my personal circumstances (which they were informed of earlier this year), they will not enforce the judgment and that they won't attend the hearing.

Isn’t that a contradiction? They’re saying the judgment is valid and should stay, but also that they won’t act on it. That feels like they’re trying to have it both ways... leave the CCJ on my record to damage my credit, while offering their 'help' to not enforce it.

So I'll be turning up to court in 2 weeks anyway, and I really don't know what to expect now they've formally opposed.

Any ideas about how I should expect the court to respond?

Thanks in advance.

[PallasAthena]

Saying they will not enforce the debt now doesn't mean they can't change their mind and decide to enforce it at some later date. They have 6 years from when CCJ was issued to enforce it. So if I were you I'd go ahead with the set aside application if you believe you would have a reasonable defence to the claim.

[Pezza54]

If the respondent fails to attend the hearing, they can't present their witness statement opposing the application, so your application should be successful, but not definitely so. You should attend the hearing and answer any questions the judge asks you
If your application is successful the ccj awarded against you should be removed from the Register of County Court Judgements
The judge will inform you what happens next, the claim continues and you will probably be asked to file your defence
The claimant has told you they will not enforce judgement
The claimant will need to file form N279 Notice of Discontinuance to halt court proceedings

Please read "What happens after the judgement is set aside" at www.england.shelter.org.uk

[novice95]

Thanks both. I read that if it does get set aside then they have the opportunity to re-file the claim but may not, so the fact they’re not looking to enforce it would leave me inclined to say they wouldn’t bother re-filing the claim - is this true or is it a mandatory defence hearing?

[Pezza54]

Where did you read that?
Please read the article referred to in post 3

[novice95]

Apologies, I've read it in many places but probably getting confused by the fact some claimants drop the claim once it's been set aside - I've read a lot in parking forums but it's not the same as my situation so just trying to make head and tail of it all. Thank you for your patience!

I've had a look at the Shelter link above. If, hypothetically, the judgment is set aside and the claimant sticks to their word regarding enforcement and file N279 Notice of Discontinuance, does that mean the case is closed and no defence hearing goes ahead?

[Pezza54]

Yes that would. The court process is ended. Until you are told by the court the claim has been discontinued, you should meet deadlines set for filing your defence and directions questionnaire
The article states the claimant can request judgement in default again