CCJ - set aside or not?

[jaguarsuk]

I also cant fill in the name of Court or Claim number as I do not have these.

Section 5. I have asked for without a hearing and suggested 15 minutes.

Section 8. What level of Judge does the hearing need?

Section 10. "what information will you be relying on in support of your application?" do I attach a witness statement or can I rely on the consent order? I have my council tax bills from the last 3 years showing my change of address etc.

Can I send off and pay via cheque/postal order?

Thanks in advance!

You need to find out the name of the court and claim number, without them the court will not accept the application.

s.8 Distrcit Judge

s.10 refer to post #9

Yes, you can make a cheque or postal order payable to HM Courts & Tribunals Service.

[jellsbells]

thanks in the event they do not reply can I use the Northampton County Court and the reference number from my credit record? My credit record specifies the NCC.

[jaguarsuk]

thanks in the event they do not reply can I use the Northampton County Court and the reference number from my credit record? My credit record specifies the NCC.

No, you need to contact the court and find out which court along with the claim reference number. You only get one shot at this, so have to get it right and guessing the court and claim number is not advised.

[jellsbells]

Thanks they have come back with:

CC Business Centre
St Katherin's House
21-27 St Katherine's St
Northampton
NN1 2LH

Claim number [x] this is exactly the details that are on my credit report at experian.

I assumed it would have been a county court that was local to us both - coincidentally for both the claimant and myself it would have been in our local town which is absolutely nowhere near northampton.

[jaguarsuk]

Thanks they have come back with:

CC Business Centre
St Katherin's House
21-27 St Katherine's St
Northampton
NN1 2LH

Claim number [x] this is exactly the details that are on my credit report at experian.

I assumed it would have been a county court that was local to us both - coincidentally for both the claimant and myself it would have been in our local town which is absolutely nowhere near northampton.

CCBC at Northampton is essentially a processing centre for online claims, they deal with all the issue and first stages where no human intervention is needed. Had you received the claim and defended it then case management filing would have transferred the claim to your local court.

You return the application to CCBC, but they will transfer it to your local court to be dealt with.

[jellsbells]

Hi I am all ready to post ot the court now have been waiting for the original version of the consent order to make its way to me. I am really stuck on the draft defence aspect. Mainly because the debt is for £591 and already it has been 50% paid, I have never received their oroiginal particulars of claim or anything, no original forms so I cant say when our agreement started or anything. The only proof I have is my council tax bills for the peirod which show tha t I moved 18 months prior to the judgment being issued. I have put 1. It is admitted that the defendant entered into an agreement with the claimant. 2. It is denied that the defendant owes the claimant £591 as identified on their credit report. 3. The defendant has seen no evidence of the initial claim being served or any attempts at it having been served. 4. As per the defendant's witness statement she had moved address some time prior to the originnal judgment. Is this good enough????? I will leave posting until Tuesday now.

[jaguarsuk]

Hi I am all ready to post ot the court now have been waiting for the original version of the consent order to make its way to me. I am really stuck on the draft defence aspect. Mainly because the debt is for £591 and already it has been 50% paid, I have never received their oroiginal particulars of claim or anything, no original forms so I cant say when our agreement started or anything. The only proof I have is my council tax bills for the peirod which show tha t I moved 18 months prior to the judgment being issued. I have put 1. It is admitted that the defendant entered into an agreement with the claimant. 2. It is denied that the defendant owes the claimant £591 as identified on their credit report. 3. The defendant has seen no evidence of the initial claim being served or any attempts at it having been served. 4. As per the defendant's witness statement she had moved address some time prior to the originnal judgment. Is this good enough????? I will leave posting until Tuesday now.

You are not filing a defence now, you are making an application to set a judgement aside and I've told you what you need to do in posts #9 and #16.

IF this judgement is set aside and the claimant do not file a Notice of discontinuance, then you will need to file a defence.

[jellsbells]

Thought I would update to say that the Court agreed to set aside. I tucked in the box to no hearing needed and attached my consent order etc I had the letter through on Friday to say it had been agreed. My question now is will the court tell the credit reference agencies about it or is this something I need to do myself?

[MIKE770]

post deleted

[jaguarsuk]

Thought I would update to say that the Court agreed to set aside. I tucked in the box to no hearing needed and attached my consent order etc I had the letter through on Friday to say it had been agreed. My question now is will the court tell the credit reference agencies about it or is this something I need to do myself?

The court will update trust online and them the credit agencies, if it's not updated in a couple of months contact the court to give them a nudge.