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

[mr_c]

Hi guys, I am new to this site and in desperate need of some advice.

Basically, I randomly decided to check my Experian report a few weeks ago and to my shock my rating had gone down from excellent to very poor. Looking into this further I saw that a CCJ for about a grand had been placed on me in Feb 2017. I have had no correspondence what so ever about this. On the CCJ section it does list my old address which I have not lived at for nearly 4 years. Turns out this for an overdraft on a bank account I had with HSBC which I have not used in about 7-8 years so there is no way I would have received any letters about this. I did not tell HSBC about when I moved to my new address 4 years ago, because I hadn't been using that account for years and just forgot about it. But I didn't tell them about my old address either, the one they have listed on the CCJ, because again I had not used that account in years. So I don't understand why they have sent correspondence to my old address when I never told them about it and not to my new address, again, an address that I have not told them. I have read that they can send letters to my 'last known address' but my old address cannot have been my last known address because I never told them about it? If they established that I lived at the old address, potentially via electoral roll checks, then why would that same process not have been followed to find my current address?

In addition to this, it must be atleast 7-8 years since I last used this account so is this statute barred? Had I actually received the letters I would have paid this in full on the spot. I need this CCJ off my record. What are my options?

Thanks in advance.

[Amethyst]

Re: CCJ Help

This is the consent order for reference.

[mr_c]

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

So I had my hearing today and the judge has set aside the CCJ and dismissed the claim in full.

Thank you so much to everyone that has helped me, this site has been such a great help to me, I honestly don't know how I would have got through this without your help.

Especially [MENTION=6]Amethyst[/MENTION] - you have been a god send both in the forums and in private messaging - thank you so much!

[Amethyst]

Re: CCJ Help

CONGRATULATIONS

[mr_c]

Re: CCJ Help

They are consenting to setting the ccj aside and dismissing the claim.

[warwick65]

Re: CCJ Help

What exactly are you 'consenting' to?

[mr_c]

Re: CCJ Help

Indeed

[Diana M]

Re: CCJ Help

I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.

When you say you got a letter with a "consent form" do you mean they sent you a Consent Order to sign?

Di

[Diana M]

Re: CCJ Help

@Diana M

They agreed to the set aside on Monday.
I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.

You didn’t post that on your thread before asking your question.

If they’ve consented to the set-aside and respectfully asked the court to dismiss the claim (because only a judge can dismiss a claim) then that should be the end of the matter.

Di

[mr_c]

Re: CCJ Help

[MENTION=87380]Diana M[/MENTION]

They agreed to the set aside on Monday.
I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.

[Diana M]

Re: CCJ Help

I have not heard anything from arrow yet in relation to consenting to the set aside

Has the position changed since your above post #179 on 9th October?

Di

[Diana M]

Re: CCJ Help

If the claimant consents to the set aside application do you still have a hearing?

Have they consented ?

Di

[Diana M]

Re: CCJ Help

, it sounds like they are not proceeding with the claim after it has been set aside.

Has the Judgment Creditor consented to a set aside?

And have they said that they’ll discontinue once set aside?

I admit I’ve not read back through the thread to see where/why it says they are not intending to proceed with the claim after it has been set aside.

If they’ve not consented to the OP’s Application for a set aside then there will be a hearing.

Di

[Amethyst]

Re: CCJ Help

Not normally no. Also, it sounds like they are not proceeding with the claim after it has been set aside.

[mr_c]

Re: CCJ Help

If the claimant consents to the set aside application do you still have a hearing?