What is the process once an application to set judgement aside has been submitted.

[Mickhen]

I have submitted an application to have judgement set aside, I agree I owe the dept but am not happy with the CCJ and costs that have been awarded against me when no correspondence were sent to my home address and therefore I did not get a chance to settle prior to the court claim.
I have taken some advice from the CAB and submitted a notice to set judgement aside and to stay the writ. I am waiting to hear back from the courts but would like to know what is procedure for processing these application, And will I have any involvement?

[FlamingParrot]

Re: What is the process once an application to set judgement aside has been submitted

I have submitted an application to have judgement set aside, I agree I owe the dept but am not happy with the CCJ and costs that have been awarded against me when no correspondence were sent to my home address and therefore I did not get a chance to settle prior to the court claim.

What sort of costs were awarded against you?

I have taken some advice from the CAB and submitted a notice to set judgement aside and to stay the writ. I am waiting to hear back from the courts but would like to know what is procedure for processing these application, And will I have any involvement?

In most cases there will be a hearing which you will have to attend and you should be prepared to show you have a viable defence, otherwise the court may decide it would be a waste of time to set aside the judgment.

[Mickhen]

Re: What is the process once an application to set judgement aside has been submitted

What sort of costs were awarded against you?
In most cases there will be a hearing which you will have to attend and you should be prepared to show you have a viable defence, otherwise the court may decide it would be a waste of time to set aside the judgment.

I assume the cost were the claimant court costs, the original bill was £1800, this followed a bill for just over £3000, which had risen to £4600 by the time I received notice. The HCEO fees being the bulk of the latter increase. I have submitted a copy of a letter from the letting agent I use to manage the property that confirms they had informed the claimant the property was rented and also a letter from the claimant to the letting agent when they supplied them with replacement keys as support for my application.
I am at a loss to understand how The claimant can send a court summons to a property they know I was not living at. However when I contacted them they said they had no knowledge the property was rented, and had no recollection of my wife calling Into their office with details of our home address, and ID. We also gave them the name of the woman we spoke to but as she no longer works there and as she only took our details down on a note pad they told me this doesn't qualify as having informed them.
We could have done without the additional cost that we are likely to face for appealing the judgement, we both feel quite anxious at the prospect of attending court but we really don't want the CCJs on our credit file as it will be very damaging to us. We feel we have been treated unjustly and don't know if we have much of a case in the eyes of the law but we feel aggrieved and have to try.
Thank you for having replying to the post FP.