**WON** Set-Aside & Claim Dismissed **** CCJ Help

[mr_c]

Re: CCJ Help

ah, so I am not completely out of hope then lol

[Diana M]

Re: CCJ Help

at another hearing this week the claimant turned up to court and first statement to the judge was that they consent to the set aside .... unsurprisingly they ended up with a costs bill against them.

I expect the tactic in that other case was to refuse to consent to the set aside because they knew that would mean further delay while the case was transferred to the Defendant's local county court to be listed for a hearing which can take weeks.

This in turn gives the Claimant more time to source or reconstitute documents and if allowed re-issue their claim or amend the Particulars of Claim (i.e. strengthen them).

They told the court that they would not contest the Application so the DJ made an Order which included directions. A consent between the parties would not have given them that.

Di

[mr_c]

Re: CCJ Help

should I be chasing up shoosmiths or arrow for resposnes to my letters? it has been 2 weeks.
It was requesting consent to the set aside but also this as advised:

I request that you send me a copy of your original statement of case, and any documents on which you rely, particularly details of how the amount claimed has been calculated, evidence of assignment of any debt to yourselves by HSBC, and of any default notice.


or shall i just leave it?
@Diana M @Amethyst

[mr_c]

Re: CCJ Help

I rang the court to see where they were at with regards to a hearing date - they are processing applications received mid July, mine was submitted July 31st so I still have a bit of a wait :|

Still nothing from shoosmiths or arrow though.

[mr_c]

Re: CCJ Help

just an update on this, i submitted my n244 application on July 31st, a copy of this was sent to Arrow on the same date.
a week later a copy was sent to shoosmiths.

I have had no hearing date nor a response from arrow or shoosmiths yet.

is contacting shoosmiths and saying "if you agree to the set aside, and it is set aside, i will settle the debt for £X" an option..... or is that a bad idea?

I can pay the alleged debt, i am more concerned about having a ccj on my record for 6 years
@Diana M @Amethyst
[MENTION=5553]charitynjw[/MENTION]

[mr_c]

Re: CCJ Help

any ideas anyone?

[mr_c]

Re: CCJ Help

anyone... any advice please? [MENTION=87380]Diana M[/MENTION]

[Amethyst]

Re: CCJ Help

Afternoon, having a scoot back to see where you're at

[Amethyst]

Re: CCJ Help

Okay sounds like you're having a bit of a panic because of the court backlog delaying matters. The court have said they are about a month behind, so it really is a case of waiting for them to get their arses into gear and setting a hearing date.

You can of course ask Shoosmiths again to consent to the set aside, you could legitimately give them a call and check they received the application, as you haven;'t heard from them or their client since sending it off, you also could ask them about this

I request that you send me a copy of your original statement of case, and any documents on which you rely, particularly details of how the amount claimed has been calculated, evidence of assignment of any debt to yourselves by HSBC, and of any default notice.

and then if you want to do so and it feels right, discuss potentially settling the debt on the condition the judgment is set aside ( it would need to be successfully set aside by consent, and then paid and the court informed it has been settled in full. Don't fall into settling without the judgment being set aside though, and any agreement you come to would need putting in writing. I think your position the whole way through was that had you have received the court claim you would have settled.

Personally, I would continue with your set aside application and get the court to set aside the judgment, THEN discuss settlement with the claimant/shoosmiths, as at that point you MIGHT get a better discount and as the judgment will already have been removed you have no fears of them marking the CCJ as settled/partially settled and it being stuck on your file for 6 years.

[mr_c]

Re: CCJ Help

Yes i am in a bit of a panic lol. i just need this sorting out and out of my hair.,

so should I just send shoosmiths another letter, asking if they had received my previous letter and asking again if they consent to the set aside and for all the documents? should i give them a deadline to respond by?

and so not discuss any settlements until after the hearing? my thinking was that they may be more likely to consent to the set aside if they know they will be getting something out of itl.

Cheers

[Amethyst]

Re: CCJ Help

I know your thinking, but at the moment they have you where they want you, you need to get rid of the CCJ, and they want payment in full, so not sure how much negotiation room you will have.... it's difficult and far simpler to speak to someone about it without prejudice, just in the interests of saving any further costs and getting it sorted, and with no admission of any liability on your part.

Normally, as you know, once a judgment is in place it can only be marked as settled/satisfied unless it is set aside. So you need to get it set aside before making any payment.

Both parties would want something in writing confirming the actions that will be taken - that Shoosmiths consent to the set aside, and once the court has issued the order that the judgment be set-aside, payment is made (in full or at agreed sum ) , and the claimant then withdraws the claim, or informs the court it has been paid in full within 28 days ( so no entry to be made on register)

Also needs a 'if you don't pay' part in, so they retain security - so could be something like if the defendant fails to make the payment the claimant is at liberty to obtain further judgment - but not sure how viable that would be.

Could just test the water ringing them to see if they received the set aside application and whether they will be supplying the documents requested or if you need to be asking the court for an order at the hearing.

Okay, not very helpful sorry, just my thoughts ..... it is always a bit difficult at this stage when there's a default judgment to know which way to go. If you are confident you will win the set aside then you'd need to just be patient a bit more.

[mr_c]

Re: CCJ Help

yea i see what you are saying, I have pm'd you a copy of something that I have written up to send over shoosmiths - basically just looking for confirmation of receipt of my previous letters and reiterating the points made in it. if you have time could you have a quick look over it.

with regards to winning the set aside, the account in question has not been used in over 6 years but with it being an overdraft I know the 6 year period is different. I have submitted a SARS to HSBC so waiting on that to come through too - so not sure how confident I am to be honest

[Amethyst]

Re: CCJ Help

That does look fine, no need to include further copies and possibly here "I sent a letter to your clients, Arrow Global, on 31 July 2017 with a request to consent to a set aside of a CCJ that was registered against me. " add " at an address which I have not resided at since xxxxxxx " ( same as what you put in the set aside application - just to back up the default judgment was gained because of their error )

[mr_c]

Re: CCJ Help

great thanks, and do i need to put a deadline on a response from them?

[Amethyst]

Re: CCJ Help

maybe...

I'd appreciate a response confirming receipt of this, and my previous letter, within 7 days.


But don't be holding your breath xxx