Set aside CCJ but claimant is dissolved

[gleebe]

Hello.

So basically, approx 3 years ago I was given a judgement by default, to cut a long story short, my father who lives in the ROI suffered a heart attack so I stayed with him for a few months.

Several months later, i returned home to see a stack of letters, particularly a letter from the court saying I have failed to pay a judgement against me. I foolishly paid it and have endured the consequences since. In mitigation, had I known there was a claim against me, I would have defended it because I eventually found out that the claim was for something I disputed anyways.

3 years later, I decided to set it aside and so went for the hearing. The judge said I'd struggle on a good day because of how long I have left it, to which I argued that there's no fast and loose definition to when a 'timely' application is to be submitted (even 2 years has been seen as timely enough in some instances).

The judge then proceeded to say that notice has been given to the court by the original claimant that they have now dissolved the company (based in Jersey) and therefore he will struggle to see how I can bring, or rather who I can bring, in his words, proceedings against.

He ordered that I be given time to restore the company to the register and then proceed with my claim (a seemingly near impossible task, discounting the chance of aet aside in the first place).

Does anyone have any experience with restoring dissolved companies or any knowledge about Jersey based companies? I am aware that there will be further costs involved now and still no surefire chance of even getting the company in question restored.

I understand the worse case scenario that the CCJ will remain for another 3 years, which is painstaking.

Thank you in advance for listening to my rant.

[GBExile]

So you want to sue a ghost?

You have no chance unless the directors behaved fraudulently.

Seriously, I would forget about it.

You could add a note to your credit file objecting to the CCJ that searches will pick up on. Who knows? The reference agencies might even remove it from your file.

Maybe you could get a Judge to order the removal of the CCJ from your file?

[gleebe]

I was under the impression that the judge would have discretion to set aside on reasonable grounds, also, not that im asking to countersue, so would it be wrong to assume a judge can set aside based on the grounds without having to order the company first be restored before set aside can be considered?

[Amethyst]

I'd have to agree with the judge, even if the company wasn't dissolved, you'd really struggle to set aside this judgment, you knew about it 3 years ago when you paid it. An allowance for not applying promptly would only be if you hadn't discovered the CCJ until recently, or you'd been severely impaired through health or other issues rendering you unable to apply for a set aside, not simply because you didn't know about the process or the CCJ is only now affecting you adversely. What reason have you given in your application for the delay?

Restoring a company would cost you a few hundred quid (potentially a lot more depending whether the company disputes, which seems very likely) and you would have to obtain a court order, and the company doesn't owe you any money as things stand so you couldn't restore to release assets.

It will remain on the register until the six years from the date of judgment point.

Have you obtained a certificate of satisfaction on the CCJ ? The judgment would be marked as paid on the judgment register and you can declare that in any application ( say for a mortgage etc) so it has less effect than an unsatisfied judgment.