CCJ awarded last week for a fraudulent debt

[jaguarsuk]

All I would add is to make sure you use the emails from Overdales and letter from Vanquis as exhibits in your WS.

On receipt of your WS a court official may put it and the application in front of a judge to try to dispense with it without need of a hearing, so make sure you request costs for unreasonable conduct in the WS as well.

[MajoritySix]

Thank you all!

By way of an update, I submitted my witness statement last week, including all the evidence that I’d previously submitted and a timeline; and requested costs for the unreasonable behaviour as advised.

Overdales have now written to me and said that after reading my witness statement; they’re happy to consent for the CCJ to be set aside, and they’ve attached an order for me to sign which says no costs will be paid, so I’m presuming that’s why they’ve done it.

I haven’t signed yet, but I will, and then the CCJ will be gone and I’ll only have one other debt to sort out. Thank you so much for all the advice, I don’t think I’d have achieved this without you.

[echat11]

Well Done, great result.

[R0b]

Getting the judgment set aside does not close the case, you will still need to defend the claim. The only way to get rid of the claim is to have it dismissed or discontinued, so just bear that in mind as you will need to file a defence.

[MajoritySix]

R0b Ah thanks. Is that the case even if a term of the consent order is that their claim is a withdrawn?

The debt has been written off so it seems bizarre to defend it again. I submitted all the evidence of fraud in my defence - would I wait for court paperwork and then basically submit it all again?

Thanks

[jaguarsuk]

R0b Ah thanks. Is that the case even if a term of the consent order is that their claim is a withdrawn?

The debt has been written off so it seems bizarre to defend it again. I submitted all the evidence of fraud in my defence - would I wait for court paperwork and then basically submit it all again?

Thanks

They should have worded it 'discontinued' as opposed to 'withdrawn,' so maybe go back to them and ask them to send it over reworded for signing.

[MajoritySix]

Thanks jaguarsuk; it currently reads that the hearing will be vacated, the default judgement will be set aside, the claimant's claim proceeding under the case reference is withdrawn, and there will be no order for costs.

I'll ask them to update it to say that it's discontinued instead.

This has been such a minefield; thank you all for educating me - I don't think I'd have managed to navigate it without Legalbeagles!

[jaguarsuk]

Thanks jaguarsuk; it currently reads that the hearing will be vacated, the default judgement will be set aside, the claimant's claim proceeding under the case reference is withdrawn, and there will be no order for costs.

I'll ask them to update it to say that it's discontinued instead.

This has been such a minefield; thank you all for educating me - I don't think I'd have managed to navigate it without Legalbeagles!

It probably would be okay, but better safe than sorry.

And your welcome.