Advice and Guidance on setting aside a CCJ

[Effortlessnoq]

I will call them tomorrow. I think I recall something about it only being registered if the claimant applies so I guess only a matter of time before it appears on my credit file.

I’m just unsure which option has the best chance of having the judgment removed which is my primary aim. Setting aside or a consent order. It’s a bit of a nightmare I’m a few months from a mortgage application.

[Effortlessnoq]

So went with the option of paying the parking company in the hope they wouldn’t register the default.

Sod’s law I then get a letter from the court saying the judgement has been set aside and a court date set for a hearing. Any guidance now please? Fine has already been paid.

[R0b]

First of all, it is not the claimant who decides when a CCJ is recorded it is the court. The court will normally inform the Registry Trust after the 30 day period has elapsed and within a reasonable time that CCJs need to be registered against X name.

Are you sure the court has set aside the CCJ and it isn't just a hearing for the set aside application? It would seem odd for the court to set aside a default judgment without allowing the other side the right to respond and goes against standard procedure.

[Effortlessnoq]

Hi Rob. I’m told it’s not in common for a CCJ to remain dormant until the claimant makes a claim- this information came from the registry.

I will post below the last letter from the court.

[Effortlessnoq]

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[Effortlessnoq]

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[MIKE770]

you have got set aside so case starts again so get all paperwork etc in place may court date states on latter

[Effortlessnoq]

It I’ve already paid the fine now?

[MIKE770]

why ???

[MIKE770]

ostell may be able to comment on this?

[Effortlessnoq]

Because I had a judgement against me so had to pay?

[Effortlessnoq]

A CCJ was ordered but wasn’t registered. My main worry was it appearing on my credit file which hasn’t. I hoped paying it might prevent it ever being registered. Subsequently my complaint to the court resulted in a set aside. Now I’ve paid the fine but have a hearing date.

[MIKE770]

rob may delve this one out?

[Effortlessnoq]

That @ hasn’t been active for 6 years

[R0b]

Those two orders are a bit strange. When you made your application to the court did you ask the court for a hearing or a decision to be made without a hearing? Secondly, did you file a defence with your application to set aside as there's nothing in either of those two orders suggesting you have to file a defence which is common practice once the default judgment is set aside, unless you file a defence with the application and the judge accepts that draft defence as your formal defence.

The second order also talks about the judge (a separate judge I can see) considering the directions questionnaires and statements of case. Normally the directions questionnaires are sent out by the court after the defence has been filed or in this case after the default judgment has been set aside. This would suggest you received order one setting aside the default judgment, receiving the directions questionnaire from the court and then you sending that back and then the second order was issued by the second judge. Or if none of that happened then there seems to be a serious procedural error on the court's part.

Either way, can you fill in the gaps because it's hard for me to understand the two orders, were they issued the same day or on separate days? I find it difficult to understand why two separate judges would make two separate orders on the same day and have never seen that happen before.

As for the payment you made, well I don't know what to say on that other than it was a silly idea to do that before knowing the outcome of the set aside application. Unless you paid that amount within 30 days of receiving the judgment order it would have made zero difference because after one month it should get recorded on your credit file for 6 years.

You may run the risk that the judge hearing the case say that because you already paid, you are deemed to have accepted liability and the set aside of the default judgment should never have happened and it is an abuse of process on your part to allow the case to proceed, therefore judgment is given in favour of the claimant with the result that you end up with a CCJ on your credit file anyway. On the other hand the judge might simply say that since you have paid the amount case is to be dismissed with no judgment made in favour of the claimant and thus no CCJ. Depending on how annoyed the judge is, you may or may not get away with a costs order against you for wasting time.

That's the beauty of legal proceedings, you just never know what will happen.