How to Set Aside a CCJ order

[Desolly]

Ive just found out today from my bank that I had an adverse record on my credit file after my overdraft was withdrawn.*Upon checking my credit file, I found out that this was because Lowell had succeeded in getting a CCJ judgment against me for an 82 debt which after court fees incread to 227.

I would like to have my day in court as I wasnt aware of the hearing and this was a debt that was fiercely contested with Littlewoods before it was sold on to Lowell.

l had brought an iPad from Littlewoods in Feb 2014 which I had paid for in full before interest started kicking in but due to an incorrect advise from one of their customer services advisor, I incurred some kind of administrative charge. I contested this and asked Littlewoods to listen to their recorded calls. This was escalated to their customer relations team in shop direct who had written to apologise and rescinded the decision to charge me so I was very surprised when in 2015, Lowell started chasing me for the same debt of 60 or so. I had called and told Lowell that I did not owe the debt and that they should supply me with information they had. They refused to do this and told me to speak to Littlewoods. I got on the phone to Littlewoods who then told me that they could no longer see any information on my account and so had to deal with Lowell but Lowell want giving me details either.

I then resorted to ignoring Lowells letters so I didnt know that this had now been escalated to a court claim and so missed the notice to go to court.*

Is there any chance that I can successfully have this set aside by the courts so that I can prepare for a defence in court?

Any advise will be greatly appreciated.

CCJ was recorded in Sept 2019.

[R0b]

Most companies hold records of data for at least 6 years so your starting might should be to make a subject access request for all data (if any) Littlewoods holds about you. If you know the account details then you should supply them with this information too.*

Otherwise as to the setting aside of the CCJ, I suggest you read my guide first to give you an understanding of the process involved.

https://legalbeagles.info/forums/for...tailed-version

[Desolly]

Thank you very much for your reply. I will send the SAR report off to Littlewoods today and follow the link provided.

[Desolly]

I’m sorry, it’s been a year since I put this post of but unfortunately, my case hasn’t resolved yet.

Further to the previous advise, I did submit a SAR to little woods but after some back and forth, I wasn’t able to get any information. I also sent a request to Lowell Solicitors for information regarding my credit agreement and what the debt was actually for but got nowhere with them either. I therefore thought that I had to keep pursuing for information as not having any information would put any application for my case to be set aside in jeopardy but then the pandemic hit and we went into lockdown. I was also pregnant at this time and had to go in and out of hospital due to complications and this meant that everything else was put on hold.

i have now reinitiated proceedings and have received a response back saying case has been transferred to my local court who will then set a hearing date.

i will like to know what my chances are as I’m now aware from reading on this site that my application might be well out of time. Does this mean that the court is likely to throw my application out and not offer a hearing date?

I had included proof in my witness statement that the account was satisfied with Littlewoods within a year of purchasing the iPad and as such I do not owe the money. Do you think the judge might be persuaded to give me a chance to hear my case?

[R0b]

Nobody can tell you what your chances are in terms of getting this set aside other than they are likely to be less than they were 12 months ago.

Suppose I’m going to take a harsher line because the link I gave you last year made it clear that you should be prompt, so either you haven’t read it or you’ve decided to ignore it and go about things your own way. You could have quite easily come back for help if you weren’t sure.

I’m also certain somewhere in the guide says that the threshold for achieving a successful set aside is not that high. Anyway, lockdown is not an excuse for not submitting an application because the courts were still operating and I appreciate you may have had personal complications but I think a court would expect to see some evidence of that which prevented you for 12 months of submitting your application or that it was reasonable to put it on hold.

AlI can suggest is if the judge asks why this application was not prompt then just be honest. Admit that it wasn’t prompt but explain the reasons why. Promptness is not the only factor but is on every judges mind.

[Desolly]

Thank you for your reply. I really do appreciate your time.

i must be honest, I did act promptly after receiving your guidance last year but I really didn’t read or maybe missed the part where it said the time frame. I also sort of lost hope when I didn’t get any valuable response from the parties I wrote to for further information. I had assumed that if I could not show evidence, the. I could not possibly put forward an application as I was advised by the courts that I had to include as many evidences as possible.

I suppose what I really would like to know for now is if there is a chance of getting a hearing date or is it not abnormal for the courts to look the application and not entertain a hearing at all because it wasn’t promptly submitted.

I actually didn’t know that the courts were still open. My own fault.

[Desolly]

I intend providing every evidence that I can to show why I delayed in submitting my application and hope that the judge grants me a hearing on other grounds.

Now I still haven’t been able to get information about this debt. I spoke to Lowell solicitors who confirmed that my Lottlewoods account was taken out on 2012 and only one purchase was recorded on my account on 12/2/2014 and that this was satisfied on 11/2/2015. I believe this was settled with Littlewoods in time and didn’t accrue interest. I therefore asked what the Claimed default was for but they couldn’t say what as they did not have that information. So I do not know what this debt is about.

when asked why they didn’t supply the credit agreement in their claim form, I was told that they did not have to so that leads me to ask then, how they were sure that I had a debt when they have no credit agreement.

Therefore, I wonder if this account as a whole could be statute barred as I do not appear to have a default against any identifiable item and the account was over 6 years old at the time of their court claim.

Your advice will be greatly appreciated.

Thank you

[Desolly]

Hello, any advise will be appreciated please.

[R0b]

Not sure what more I can add, I don't know the basis of your application and on whether you are seeking to set aside under CPR 13.1 or 13.2 or both. Only you know what you've written and submitted to the court so all I can say is prepare well for the hearing. It is not intended to be a mini trial but you will need to show to the judge that you have an arguable case or there is some other good reason why it should be set aside.

Base on what you've said, I think you have halgf a chance at persuading a judge, especially if Lowell can't prove that the alleged debt fell into default and/or isn't statute barred.