CCJ Set Aside

[MIKE770]

Re: CCJ Set Aside

seems I cannot use the Thanks for the Post button on this site?

[moonstar1981]

Re: CCJ Set Aside

seems I cannot use the Thanks for the Post button on this site?

who me? I always thank people for there help...

[MIKE770]

Re: CCJ Set Aside

who me? I always thank people for there help...

I am unable at the moment to give thanks! on the button,

[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.

BUMP

[CleverClogs]

Re: CCJ Set Aside

BUMP

Impatient bugger! :grin:

[CleverClogs]

Re: CCJ Set Aside

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?

No - the action was commenced within the limitation period.

The effect of the judgement being set aside was to restore the parties to where they were before judgement was given. The case will now continue as it should have done years ago, with you presenting your defence and her arguing that black equals white.

If she takes to messing the Court about or otherwise playing at Silly Buggers, then you may be able to get the case struck out. If she doesn't pay the hearing fee, the case will not be heard and you'll win by default.

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).

But you might have still rented the property for some other person or for some other purpose. :grin:

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?

Good idea, but you should leave that for a few days in case her cheque was delayed in the post.

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!?

Standard stercus bovi - you did get it set aside and you have a good case.

Offer mediation. The dreck meshuggeneh will refuse, of course, but you'll win Brownie points which may be remembered in costs.

[moonstar1981]

Re: CCJ Set Aside

No - the action was commenced within the limitation period.

The effect of the judgement being set aside was to restore the parties to where they were before judgement was given. The case will now continue as it should have done years ago, with you presenting your defence and her arguing that black equals white.

If she takes to messing the Court about or otherwise playing at Silly Buggers, then you may be able to get the case struck out. If she doesn't pay the hearing fee, the case will not be heard and you'll win by default.


But you might have still rented the property for some other person or for some other purpose. :grin:


Good idea, but you should leave that for a few days in case her cheque was delayed in the post.


Standard stercus bovi - you did get it set aside and you have a good case.

Offer mediation. The dreck meshuggeneh will refuse, of course, but you'll win Brownie points which may be remembered in costs.

Thanks for your help - My next steps/thoughts are to contact the mediation service and say I would like to be part of this, followed by awaiting that 24th May date to see whether the claimant "pays" for the hearing and go from there?

Ha ha - I did not rent/live there! It was a gumtree ad that I responded to.

[CleverClogs]

Re: CCJ Set Aside

I did not rent/live there! It was a gumtree ad that I responded to.

So what was the nature of her claim - damage done to her gum tree?