Advice and Guidance on setting aside a CCJ

[Effortlessnoq]

The judgement

[Effortlessnoq]

The acting promptly bit concerns me as a tried to make contact frequently to the court but was very difficult to get through and didn’t get a response.

[AndrewC]

The judgement

I don't think there was anything attached to your posts.

[Effortlessnoq]

I can see the attachments?

[Effortlessnoq]

674913B1-ADFF-4088-A078-7CC37E166D95.jpeg

[AndrewC]

Thank you. Could you upload the whole page please? I'd like to see the top of the order - you can delete your personal details but I'd like to see how the order is described at the top.

However, based on what I can see, it doesn't look like a default judgment.

[Effortlessnoq]

A43FDD60-34B4-40FF-BFAE-A596DD8072B1.jpeg

[AndrewC]

Thank you. It's not a default judgment.

You can still apply for relief from sanctions and have your defence reinstated. However, you will need to consider whether it's worth it. If the CCJ isn't on your credit report and isn't going to be, there may be no value to you in applying for relief from sanctions.

Have you paid the claimant? If not and you still wish to contest the claim, you will need to apply for relief from sanctions. You may want to ask them to consent, which they may do if you have good evidence that your defence was wrongly struck out (ie you filed your DQ on time).

[Effortlessnoq]

Sorry for my ignorance what’s the difference between a default judgement and a CCJ? I haven’t paid anything as yet. My primary aim is to not have this appear on my credit report. Thank you so much for your help.

[AndrewC]

A default judgment is a type of CCJ issued when someone fails to respond to a claim. It's an administrative act carried out by court staff rather than a decision made by a judge. That puts a default judgment in a different category to all other types of CCJ. Although it’s a court order, it hasn’t been considered by a judge.

Your CCJ was issued as a result of a judge's decision.

[Effortlessnoq]

I’m sorry I’m not sure where a default judgement was ever mentioned? I’ve always considered it a CCJ and now I’m confused as to what action to take. If it is a CCJ it could appear on my credit file at any point?

[Effortlessnoq]

My options as I see it;
1. Appeal for the judgement to be set aside with an N244. May not be favourable due to the 3 months that have passed since the judgement (although this isn’t for the want of trying to resolve). I’m also not sure of my defence is credible enough for it to be considered.
2. Pay the claimant and request a draft order agreement.
3. Pay the claimant and do nothing and hope the CCJ doesn’t appear

[AndrewC]

That's right.

[Effortlessnoq]

Is there any other reason the CCJ might not have been registered? Really not sure which way to turn.

[AndrewC]

It may be helpful for you to phone the Registry Trust and ask them. Their contact details are here https://www.trustonline.org.uk/contact-us/contact-us/

I would suggest you simply ask them in principle whether a judgment entered in your circumstances will be registered. You shouldn't have to give your details or the claim number.