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CCJ Set Aside - Next steps?

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  • CCJ Set Aside - Next steps?

    Hey all,

    Looking for some advice here.
    Had a CCJ against me by default in May 2012 after the DCA filed in a previous address. Basically they knew my current address but filed in previous to deny me legal right to defence.

    Had the court hearing for set-aside this morning and the judge accepted abuse of process and agreed to set it aside. Stated that I must file a defence with the court within 14 days.

    The debt is apparently for a mobile contract which I have never had. Have previously SAR'ed the Claimant which gave no evidence. Calls to the mobile company yield no results as my details dont match what they have on their system for the account number.

    POC's refer to a contract, termination notice and notice of assignment.
    Before filing a defence, am I right in thinking I should CPR 31.14 the claimant for proof and file defence once (if) received?

    Thanks in advance,
    Tags: None

  • #2
    Re: CCJ Set Aside - Next steps?

    Have a read of this and see if it helps you. It talks a fair bit about CPR 31.14 at the start:

    http://www.legalbeagles.info/forums/...claim-received

    It may also give you some idea of what to expect in terms of them providing proof. They often wait until the last possible moment I believe, to try to trip you up.

    I'm sure someone with more knowledge than me will be along soon.

    Comment


    • #3
      Re: CCJ Set Aside - Next steps?

      Thanks Labman, i'll have a look now.
      Knowing the methods of the claimant, i can guarantee they're going to try every trick in the book to trip me up. But hopefully i'll be ready

      Thanks again,

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

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