CCJ Set aside what next ?

[jasonleake]

Evening all


Had a CCJ issued to me back in December 2010 which has only come to light from recently looking at my credit report and was something for £123.I never received any paperwork or confirmation that the CCJ had been issued to me so upon taking advice from National Debtline I put an N244 application into the court to have the CCJ set aside.
Since my application I have had a letter from Northampton county court stating they were transfering the case to Harrogate county court and would receive notice of time,date and place of the hearing.I have now received a letter today with another notice of transfer of proceedings but this time to my local county court.Also in with the transfer was a 'General form of judgement or order'


Before the district judge at Harrogate county court
Upon the courts own motion.The court has made this order of its own initiative without a hearing.If you object to the order,you must make an application to have it set aside,varied or stayed within 7 days of receiving it.
It is order that
The defendents (me) application to set judgement aside be transferred to his home court.


Today Tuesday 11th December 2012

• Had the court hearing today at my local county court and the ccj was set aside by the judge she has asked for defence from the claimant and once she has that she will request my defence but have looked round and what's better wait to defend or can I just pay it then that should be case closed ?

[brummie]

Re: CCJ Set aside what next ?

Hi
You have paid your £80.00 to have the N.244 processed, and in turn the court has transferred it locally for your benefit. If the case went to trial, then i beleive it can be transfered to another court. Who is the claimant? Does the claimant have your current address? If the claimant came to court, did they have no statement with them?

[jasonleake]

Re: CCJ Set aside what next ?

I'm the defendant and yes they do have the address,the claimant didn't turn up at the court so was just me and the judge had a letter from the claimant saying I owe £35 and that's it

[brummie]

Re: CCJ Set aside what next ?

who is the claimant?

[jasonleake]

Re: CCJ Set aside what next ?

Ashworth law

[brummie]

Re: CCJ Set aside what next ?

Not too sure as i'm just going through something similar, but doesn't your N244 state that you can claim back the cost and your expenses? I would think somebody will be along soon to advise you better than me...

[jasonleake]

Re: CCJ Set aside what next ?

No it doesn't state that but I would imagine its gone back to step one now ? I emailed ashworth law today to see what they wanted as I requested an invoice etc ? Just thinking about paying it then it should be all done and finished

[brummie]

Re: CCJ Set aside what next ?

I would suggest that you conduct all correspondance in writing, and that you keep recorded delivery receipts.
In my opinion, you should write to the court and claim your expenses for the N244, accompanied with any postal expenses incourred, and let the claimant explain his case for a £35.00 claim. I may be wrong....maybe a beagle will agree??