CCJ to set aside or not?

[annunaki]

Re: CCJ to set aside or not?

If I did ask PRA to consent to setting it aside I am not sure of the etiquette in contacting their Litigation Department.
Would I request it based just on the address issue and point out the fact that it had been queried by the registry trust or would I also state the grounds I would defend the claim?

[warwick65]

Re: CCJ to set aside or not?

Maybe [MENTION=87380]Diana M[/MENTION] can help. Don't want to confuse things

[annunaki]

Re: CCJ to set aside or not?

Thank you for your help, it is all really appreciated. Even just to know someone is reading the posts with empathy is a great boost.

[warwick65]

Re: CCJ to set aside or not?

Just to let you know, weekends do tend to be quiet because most people ( I am not one of them) also have lives :-)

I do feel your pain - I have just had an email from my solicitor regarding a claim I am fighting

[MIKE770]

Re: CCJ to set aside or not?

[MENTION=87380]Diana M[/MENTION]

[pt2537]

Re: CCJ to set aside or not?

If I did ask PRA to consent to setting it aside I am not sure of the etiquette in contacting their Litigation Department.
Would I request it based just on the address issue and point out the fact that it had been queried by the registry trust or would I also state the grounds I would defend the claim?

It is always a good thing to offer the opponents a chance to consenting to the setting aside of a ccj, however you would i think need to show them that you have a defence to the claim unless you have a mandatory set aside under CPR rule 13.2.

PRA may be happy to draft a consent order if you are able to agree terms with them, but like i said i think you really need to set out all of the grounds you have for fighting this case going forward so you can show that there is a real prospect of success in defending the claim.

This will be helpful if you do have to app;ly to the Court.

Also it may be worth offering the PRA group the refund of the Court fee that they will have paid entering judgment, it may be the sweetner they need to agree to set aside if they arent left out of pocket.

[annunaki]

Re: CCJ to set aside or not?

Thank you for the response pt2537. I read with care, and see your point about court costs.
I will draft a letter to PRA group later this evening. It would be preferable if PRA agree to set aside.

On the subject of defense points, I did ask but never received any views on this.

PRA group have certainly made an error in calculating interest which was included in the claim. Even if the total amount was correct, the interest has been calculated for at least 2 months more than it should have been as they have muddled the dates of payments.

Would this be enough to be a point to challenge the claim without being frivolous? To me that would be as the amount claimed is without doubt incorrect if only by £50 or so. Does it matter how wrong the amount is?

I am seeing that the interest is part of the claim. The interest amount is wrong to the tune of £50. That makes the claim amount wrong. Does my logic mean that I would have a good enough defense?

In my attempt to get a copy of claim form I did a two hour diversion on the return from visiting an elderly relative to the County Court Business Center. I now know they don`t see members of the public!
I did try another time on the phone and they kindly sent a scanned copy of the form to me. So the address is as I said, without street or door number.

[warwick65]

Re: CCJ to set aside or not?

Hi
I believe that when challenged the full amount of interest is rarely paid anyway - I know Lowell solicitors limit it to 1 year to 'be reasonable'

Have you sent a SAR to Lloyds - this would show up if the original assignment was to AK or someone else . Noting would come in time for the set aside application