Having a default CCJ set aside..

[gwynnie]

Hi Forum

I'm trying to find out how likely it is that a default CCJ (company vs company) would be set aside. All procedures were followed correctly. Address (registered) for service was all current but has since been changed (3 weeks after the judgement).

How sympathetic are judges to the debtor in a case like this? Is their potential 'I didn't receive the forms' an argument that a judge is likely to give weight to?

Thanks,

Gwynnie

[FlamingParrot]

Re: Having a default CCJ set aside..

Hi Forum

I'm trying to find out how likely it is that a default CCJ (company vs company) would be set aside. All procedures were followed correctly. Address (registered) for service was all current but has since been changed (3 weeks after the judgement).

How sympathetic are judges to the debtor in a case like this? Is their potential 'I didn't receive the forms' an argument that a judge is likely to give weight to?

That depends on why you didn't receive them, you'd need to show the court that the creditor had the right address at the time the forms were issued. You'd also need to show you have a viable defence, otherwise you'd be back to square one, they could re-issue the claim and obtain a CCJ once more, so no point in have this one set aside. You may want to take a look at this for reference: http://www.bdl.org.uk/images/12_EW_N...ty%20court.pdf

[gwynnie]

Re: Having a default CCJ set aside..

I'm the creditor in this case, so I'm hoping that the judge is extremely strict with regards to proper service and possible defence for the debtor.. What worries me is that the judge could send it back to the beginning again, and I enforcement procedures for the money (interim third party debt order and money frozen at the moment) in place. If it goes back to the beginning just because the debtor say, tries it on with any possible excuse - it's going to be a right pain to say the least..

So hoping that to convince a judge to set aside, it has to be something very very major.:tinysmile_hmm_t2:

Thanks,

Gwynnie

That depends on why you didn't receive them, you'd need to show the court that the creditor had the right address at the time the forms were issued. You'd also need to show you have a viable defence, otherwise you'd be back to square one, they could re-issue the claim and obtain a CCJ once more, so no point in have this one set aside. You may want to take a look at this for reference: http://www.bdl.org.uk/images/12_EW_N...ty%20court.pdf