Ccj set aside help

**smallclaimsassistance** · 4th January 2016, 21:53:PM

Re: Ccj set aside help

Hi

If you wish, I can help you with this. It's not so much the form you need to get right, it's the evidence attached to/incorporated in section 10. That's the important bit. The first question however is whether you want to bother at all.

In order for someone to advise you whether you have a good case, they would need to see the papers. Not having received the papers is not necessarily enough reason to have a judgement set aside, as under Civil Procedure Rule 6.9, your last known address was enough for them to serve the papers, whether you were there or not. It also depends why you want the judgement set aside. If you want the judgement set aside because you do not want a CCJ against your name, but you admit that you owed the money, that is not going to wash with the Judge.

If you want the judgement set aside because you want to defend the case, and you can convince the judge that you genuinely did not know of the debt until now, that might work.

Post up the judgement and any details of the debt if you would like further help.

Thanks

Dean

**ianrivaldosmith** · 4th January 2016, 23:28:PM

Re: Ccj set aside help

If you want the judgement set aside because you want to defend the case, and you can convince the judge that you genuinely did not know of the debt until now, that might work.

Thanks

Dean

Hi, I definitely want a chance to defend myself against the case.... It is not a question about updating my address with the claimant because I never held an account with them in the first place! All of the child care was in my ex's name so they should only have sought action against her!

Glad if you could assist me on what to do next :-)

Thanks, Ian

**Amethyst** · 4th January 2016, 23:30:PM

Re: Ccj set aside help

There is some info on the set aside process in here http://www.legalbeagles.info/forums/...lication-notes

I'm just going to read your first post back in a tic xxx

**Amethyst** · 5th January 2016, 00:29:AM

Re: Ccj set aside help

Originally posted by ianrivaldosmith View Post

Hi all, Happy new year....I was advised to register and post here by the good people over at moneysavingexpert.com....

Now I require a bit help; I'll detail the situation below:-

My experian and Equifax credit files do not show the CCJ, only call credit does. So If I apply for credit, if they search Equifax or Experian, I pretty much get it. Call credit is instant decline....I have a CCJ that was issued March 2012, that ONLY just recently dropped on to my credit file, and that is how I found out about it.

Its for £260, from a childcare provider that is no longer in business. It was issued in March 2012. It was issued to an address that I moved out of when I split up with my girlfriend in 2010. So two years after I moved out. She also moved out in 2010. She also became solely liable for all childcare in 2010 as she was now a single parent. I simply paid child maintenance. I had no say in anything. Nursery etc...

My help needed is, how do I fill in the form N244N so that I can have this set aside? Do I have a good enough case?

Thanks
Ian

p.s

I should also mention, the childcare provider who apparently issued the CCJ, no longer exists. In the sense that, its still there, just trading under a new name.... I think it went bust, and got new owners.....

Appreciate all the help for this set aside application I will make. Thanks!

Okay I agree with all that smc has said so far, so other bits wise. If the CCJ was registered in March 2012 it will come off your credit file in 2018 ( 6 years ) Bit odd how it's only just started showing on your credit files after 4 years.

A set aside application does need to be made promptly, which, as you have only just found out about it, is covered. However if you get it set aside and then lost, it would go back on your file for another 6 years. The application carries a cost of £155 and if the company are out of business then you are unlikely to see that returned. Plus you need to have a reasonable prospect of success with your defence and show that to the judge to help him decide if to set aside or not. Once set aside the case starts over basically so you would then have to defend and win to keep it off your file ( or pay it off after getting it setaside)

It may be better contacting the claimant and sorting out some sort of settlement and having the CCJ marked as satisfied. This will enable you to get a certificate of satisfaction ( £15? I think - maybe [MENTION=1508]Nibbler[/MENTION] will know)

It doesn't sound like you are trying to apply for a mortgage or anything major from what you have said, but the CCJ marked as satsified would be a help if you did want to.

Once the CCJ drops off of your credit file in March 2018 it will still be enforceable through the courts on application of the judgment holder ( although as the claimants have gone out of business and you haven't had any claim from an administrator/liquidator etc I assume it was a small business - they have probably forgotten about it and you'll never hear a thing further - although might be worth checking on the new companies name on companies house beta webcheck service to see if they have just changed trading name but are the same company - if so making an application might just serve to bring it to their attention and start claiming it back off you with statutory interest @ 8% a year ( if it was awarded) )

I think it depends how important the credit you are applying for is at the moment what action you take.

**Astro** · 5th January 2016, 10:45:AM

Re: Ccj set aside help

I have found that Call Credit (Noddle) show a CCJ for me I wasn't aware of. They have details of a previous 'linked' address that neither Experian or Equifax have (not that they show in a statutory or online report anyway). I'd assume you're in the same, or similar situation

edit...I moved from the address nearly two years before the judgement was entered by default. The CCJ is still 'active' but not at an address that i've actually lived at in the last six years (if that makes sense)

**ianrivaldosmith** · 5th January 2016, 12:04:PM

Re: Ccj set aside help

Originally posted by Amethyst View Post

Okay I agree with all that smc has said so far, so other bits wise. If the CCJ was registered in March 2012 it will come off your credit file in 2018 ( 6 years ) Bit odd how it's only just started showing on your credit files after 4 years.

A set aside application does need to be made promptly, which, as you have only just found out about it, is covered. However if you get it set aside and then lost, it would go back on your file for another 6 years. The application carries a cost of £155 and if the company are out of business then you are unlikely to see that returned. Plus you need to have a reasonable prospect of success with your defence and show that to the judge to help him decide if to set aside or not. Once set aside the case starts over basically so you would then have to defend and win to keep it off your file ( or pay it off after getting it setaside)

It may be better contacting the claimant and sorting out some sort of settlement and having the CCJ marked as satisfied. This will enable you to get a certificate of satisfaction ( £15? I think - maybe @Nibbler will know)

It doesn't sound like you are trying to apply for a mortgage or anything major from what you have said, but the CCJ marked as satsified would be a help if you did want to.

Once the CCJ drops off of your credit file in March 2018 it will still be enforceable through the courts on application of the judgment holder ( although as the claimants have gone out of business and you haven't had any claim from an administrator/liquidator etc I assume it was a small business - they have probably forgotten about it and you'll never hear a thing further - although might be worth checking on the new companies name on companies house beta webcheck service to see if they have just changed trading name but are the same company - if so making an application might just serve to bring it to their attention and start claiming it back off you with statutory interest @ 8% a year ( if it was awarded) )

I think it depends how important the credit you are applying for is at the moment what action you take.

Not looking at a mortgage for another 2-3 years so that is all good, however if they were in the highly unlikely event to chase me for it, I would just pay it, its only £260......

The only thing I want to do in the next month is rent a new house, will this affect it?

Ccj set aside help