Ccj in default

[Jccj]

Hello, in late October I received notice from the court bailiff that an enforcement order had been made in relation to a judgement which I knew nothing about. I called the bailiff that day and they provided me the details regarding the judgement and the solicitors acting for the claimant (an old credit card I had). I called them that day and entered an arrangement to repay, I explained that I knew nothing about about the judgement, and it transpired that proceedings were issued against a previous address.I subsequently wrote to them requesting that they set aside the judgement via a consent order, they responded declining but without explaination. I replied pointing out the fact that proceedings were issued incorrectly and that there is a serious risk to my Livelihood. They responded advising that they would now take their clients instructions, today they have contacted me advising that their client will not concent to proceedings being set aside, they have not provided any explanation. I will now make an application to have set aside with the court, is there anything that in these circumstances I need to specifically do.

[Celestine]

Hi - As you probably already know, applying to set aside a judgment costs £255. :o
The key questions are not just the fact that the communication was sent to an old address but also whether, had you received the documents about the claim, would you have been able to defend it?
This is crucial because when you make the set aside application - that bit is easy, you just explain that the forms were sent to an old address. The defence bit means that you will have to assemble a defence to the claim you would have received when you do the set aside.
You say its an old credit card? When did you last make payment? You will need to do a CCA request to Cabot to see a copy of the original agreement. You can also ask them to disclose any documents they mention in the claim. These could give you some vital defence points.

[luxardo]

Can you also state that even if you have no defence against the debt you would have settled it promptly had you known about it. ??
I imagine if this was successful you would have to pay immediately though ??