Precarious Position after CCJ Set-Aside

[novice95]

Hi all,

I had a CCJ entered against me last year for a £430 Capital One debt (now owned by Lowell, with Overdales acting). 2 days ago I had it set aside under CPR 13.3 due to exceptional circumstances (I was in an abusive relationship and didn’t receive the claim, and the debt was accrued under coercive control and economic abuse.) I provided evidence including a police report and DMHEF.

At the hearing, the judge set it aside and noted that both limbs of 13.3 were met. Overdales had already written to the court confirming they wouldn’t attend or enforce, but that they oppose the set-aside. She set-aside anyway and she gave no directions after setting it aside. Just told me it’ll be removed from registry and I’ll get the order as proof.

Now I’m left in limbo. The CCJ is gone (waiting on the order), but I’m unsure where that leaves me:

• Does the claim just sit there stayed now?
• Could Lowell revive it at any point, even months from now?
• Do I wait to hear from Overdales or Lowell?
• I want to engage and ideally seek a write-off due to vulnerability, but I’m scared that contacting them will push them to reissue the claim.

Lowell have written off a different debt of mine due to the circumstances and removed the default but said they couldn’t on this one because of the CCJ. Well… that’s now gone.

I’d appreciate advice on how to proceed without triggering litigation again, but still move towards resolving the debt.

Thanks in advance, it’s been a long road.

[echat11]

a) Does the claim just sit there stayed now?

Set a side means that the Judgement has gone, but claim still exists and needs to be dealt with.

b) Could Lowell revive it at any point, even months from now?

They objected to the 'set a side', so could pursue it.

c) Do I wait to hear from Overdales or Lowell?

I wouldn't wait to hear from them.

d) I want to engage and ideally seek a write-off due to vulnerability, but I’m scared that contacting them will push them to reissue the claim.

They don't need to reissue the claim as this claim still exists, so send them a write-off letter, explain your circumstances.

Mark the letter 'Without Prejudice - Save as to Costs'. The Judge's decision will help in the sense that, there were genuine
reasons why the Judge 'set a side' the claim.

https://www.citizensadvice.org.uk/de...debt---letter/

Make sure you get Proof of Postage.