CCJ Set Aside

[moonstar1981]

I've had a CCJ set aside today as I was a defendent.

Some great news is that the Judge struck out/set aside my CCJ today! Massive relief and finally got there after applications. The one thing I will highlight to anyone is that iuf you are trying to get a CCJ set aside you should do so as quickly as possible to the date that it was made. I only say this as mine was 3 years from when it was made but I was living in Australia and somehow the judge was on my side and also the claimant did not show up. She did say that if the claimant had showed up it could have proved more difficult. It was also noted that she said I definitely had a case to submit a defence and in being successful to. These 2 key points are critical in any application to set aside a CCJ.

From what I understand now the judge said that within 10 weeks I may have to attend a mediation hearing with the defendant. Do I have to do this if I enter a defence which I genuinely believe would fend the claimant off? This stems from proof that I was not living at the location she claimed that I was. I'm not entirely sure on what the next steps are?

Any help or suggestions on this please? Could I contact the Credit agencies to inform them of this as well?

[moonstar1981]

Re: CCJ Set Aside

This was done through moneyclaim online by a someone that I previously lived with for 1 month and not 5 months as she claimed!

[PlanB]

Re: CCJ Set Aside

I've had a CCJ set aside today as I was a defendent.

Some great news is that the Judge struck out/set aside my CCJ today! Massive relief and finally got there after applications. . . .

From what I understand now the judge said that within 10 weeks I may have to attend a mediation hearing with the defendant. Do I have to do this if I enter a defence which I genuinely believe would fend the claimant off? This stems from proof that I was not living at the location she claimed that I was. I'm not entirely sure on what the next steps are

If the judgment has been set aside by the court then I fail to see why you should attend a mediation appointment. However I note that you live in Scotland where the legal process may be different.

EDIT: am I imagining it or has your profile page changed from Scottish Legal System to English since I posted ?

[moonstar1981]

Re: CCJ Set Aside

If the judgment has been set aside by the court then I fail to see why you should attend a mediation appointment. However I note that you live in Scotland where the legal process may be different.

EDIT: am I imagining it or has your profile page changed from Scottish Legal System to English since I posted ?

Hi there,

Sorry I'm in England!! The judge said I'd receive a letter confirmation from the court within 7 days....

The thing is this is a money claim online from the claimant who was someone who I lived with for a few weeks. While I lived in Australia they entered a MCOL against me and hence I didn't answer the original 2010 court documents. The judge also stated that she was setting it aside as she thought i had a valid case of entering a defence which i do!

I guess I'm wondering if the claimant will now carry on will her claim or whether the limitations act comes into play on this as the claimant and this happened in August 2006? So is this statue barred?

Hope you can help!

[CleverClogs]

Re: CCJ Set Aside

The thing is this is a money claim online from the claimant who was someone who I lived with for a few weeks.

Why did she sue you?

[moonstar1981]

Re: CCJ Set Aside

Why did she sue you?

She claimed that I lived with her for a period of time when I didn't (Aug-Dec) and I actually only lived there a couple of weeks. I never signed any contract (which you would have to as the flat was rented off a housing company). she claimed rent/bills etc because I left after a few weeks and didn't want to sign any contract to live there. I got out while I could after a few weeks, I was living there while the old tenants contract ran out and she let me move in on a free trial period (have email to state this also)

[CleverClogs]

Re: CCJ Set Aside

she let me move in on a free trial period

What was she trying out? msl:

[MIKE770]

Re: CCJ Set Aside

Piston system? & Ball Cocks?

[moonstar1981]

Re: CCJ Set Aside

What was she trying out? msl:

There was none of that!!! It was a gumtree ad I responded to and thought it looked/she looked ok! Turned out she was a lunatic!

Any thoughts?

[CleverClogs]

Re: CCJ Set Aside

I know that I'm starting to sound like an artificial intelligence program (link) but why do you call her a lunatic?

[CleverClogs]

Re: CCJ Set Aside

Section 5 (link) of the Limitation Act 1980 states:

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

It's badly worded - it should state that the action may only be commenced or first brought within the limitation period.

So, in my considered opinion, she could still sue but she would have to do so in a timely manner; I would not have considered it fair or reasonable for the effect of the judgement being set aside to give her another six years in which to decide.
An action founded

[moonstar1981]

Re: CCJ Set Aside

Section 5 (link) of the Limitation Act 1980 states:


It's badly worded - it should state that the action may only be commenced or first brought within the limitation period.

So, in my considered opinion, she could still sue but she would have to do so in a timely manner; I would not have considered it fair or reasonable for the effect of the judgement being set aside to give her another six years in which to decide.
An action founded

Thanks for this, I think I understand! - This happened in 2006, and then she entered her MCOL in January 2010 with a CCJ entered against me in March 2010 (while I was in Australia). If I have just this week had this judgement set aside, would this "section 5" apply do you think? as we are now in May 2013 some 6.5 years since this happened. Does the limitation act apply to personal/living/property rental?

Thanks for your help so far! She was a nutter, i found that out after 2 weeks.
C

[CleverClogs]

Re: CCJ Set Aside

Thanks for this, I think I understand! - This happened in 2006, and then she entered her MCOL in January 2010 with a CCJ entered against me in March 2010 (while I was in Australia). If I have just this week had this judgement set aside, would this "section 5" apply do you think?

It should.

I'd read it as meaning that the action has been put back to where it was before judgement was granted in her favour and that the case is currently stayed until/unless she gives it a shove to get it moving again. If she doesn't do that, you could apply to have her claim struck out.

Does the limitation act apply to ... living property rental?

I've fixed your post for you. msl:

Yes, it does, unless it involves a mortgage.

She was a nutter, i found that out after 2 weeks.

So you keep saying - but why?

[moonstar1981]

Re: CCJ Set Aside

It should.

I'd read it as meaning that the action has been put back to where it was before judgement was granted in her favour and that the case is currently stayed until/unless she gives it a shove to get it moving again. If she doesn't do that, you could apply to have her claim struck out.


I've fixed your post for you. msl:

Yes, it does, unless it involves a mortgage.


So you keep saying - but why?

ha ha! great news so far thanks hopefully I can see the end in light finally!

a number of issues which don't need broadcasting!

[moonstar1981]

Re: CCJ Set Aside

Morning,

I thought it best to update where I am at now with this after receiving confirmation from the courts yesterday/

First Letter:

General form of judgment order
It is ordered that .....the judgment dated.... be and is hereby set aside.

Great....

Second Letter

Notice of Allocation to the small Claims Track (hearing)

Judge has allocated the claim to the small claims track. The hearing will take place on 26 July 2013.....at....and should take no longer than 1 hour.... A hearing fee of £325 is payable by 24 May 2013 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.
The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.
If a party to the claim fails to attend the hearing or to make written representation then his or her claim/defence may be struck out and judgement entered for the opposing party. The parties.....has encourage the parties to, attempt to resolve the dispute by engaging in mediation via the small claims mediation service.....

THIRD LETTER is from the Civil Mediation Office and that mediation is a free service.....to try and settle the dispute outside of court....is usually held over the telephone...lasts 1 hour.....is voluntary.....Please get in touch by 17th May if you wish to pursue mediation,...

OK SO:

After reading through everything I'm left wondering where I stand and what to do next! Looking at some of the previous replies, I genuinely believe that under the limitation act this is now statue barred but not sure how I would approach that to this case, this happened in August 2006-December 2006? Could I get this struck out solely based on this?
Also the judge commented that based upon my evidence I have a great chance of winning my defence (I have council tax bills which clearly state that I did not live at the address during the time the claimant has claimed for).
The £375 hearing fee the claimant has to pay, I'm not sure (50/50) as to whether they would actually pay this so I'm wondering if I wait until the date that it states on the letter that this amount is due 24th May and call the court after this date to see whether the claimant has paid this amount?

I do have a contact email for the claimant but last time I tried to speak with them on email (when I first found out about this CCJ) they just said that I wouldn't get it set aside and I didn't have a case - deluded!?

Any help or advice on this matter is greatly appreciated. I just need to see the back of this.