Urgent Advice needed - Application to set aside a CCJ

[R0b]

Re: Urgent Advice needed - Application to set aside a CCJ

Great news It does not surprise me that they did not turn up, normally if there was an intention you would have received some kind of correspondence from them acknowledging the application at least.

Did the judge agree that the claim will be struck out if the claim is not resubmitted within 28 days or just that it needs to be resubmitted? Even if you intend on defending the claim and somehow end up losing, you don't automatically get a CCJ against your name. You have 1 month from judgment to pay up otherwise after that date a CCJ is marked against you.

So if you have the funds to pay, there does seem to be a good prospect of defending it and worst case scenario is you pay up after you have had a stab at defending it - or you could offer a lower amount to settle but wait and see if they resubmit first.

I would suggest to avoid the issue again, is probably to email/write to them confirming judgment awarded in your favour, they have 28 days to resubmit the claim form and provide your correct address for service. Also keep tabs on the court and check with them now and again to see if they have submitted without your knowledge so you don't get caught out.

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

Great news It does not surprise me that they did not turn up, normally if there was an intention you would have received some kind of correspondence from them acknowledging the application at least.

Did the judge agree that the claim will be struck out if the claim is not resubmitted within 28 days or just that it needs to be resubmitted? Even if you intend on defending the claim and somehow end up losing, you don't automatically get a CCJ against your name. You have 1 month from judgment to pay up otherwise after that date a CCJ is marked against you.

So if you have the funds to pay, there does seem to be a good prospect of defending it and worst case scenario is you pay up after you have had a stab at defending it - or you could offer a lower amount to settle but wait and see if they resubmit first.

I would suggest to avoid the issue again, is probably to email/write to them confirming judgment awarded in your favour, they have 28 days to resubmit the claim form and provide your correct address for service. Also keep tabs on the court and check with them now and again to see if they have submitted without your knowledge so you don't get caught out.

Hi - the judge agreed that the claim should be struck out if they do not re-submit, to my new address - she spelled out the correct address - by 4pm within 28 days. the judge said yes I could choose to defend but she did say I have to decide if it's worth it, the claimant may offer a settlement. I need to weigh up the costs of defending and of course see what the claimant sends me.
How do I check with the court, I'm not sure who/how I go about that? I understand that the court will send me something which confirms todays outcome, I presume there may be some contact info on there?

THANKS AGAIN

[mystery1]

Re: Urgent Advice needed - Application to set aside a CCJ

Brilliant work guys and thanks to @R0b since my input was not required

M1

[EXC]

Re: Urgent Advice needed - Application to set aside a CCJ

Nice one and well done.

[joanna4685]

Re: Urgent Advice needed - Application to set aside a CCJ

Brilliant work guys and thanks to @R0b since my input was not required

M1

Wonderful isn't it and another victory against MIL Collections.

THANKS TO ALL FOR EVERY THING

[R0b]

Re: Urgent Advice needed - Application to set aside a CCJ

Based on what you have said, I don't think you need to do anything at this stage. You ought to receive an order from the court which will mirror something similar to the draft order you submitted.

The ball is now in MIL's court and once that 28 day lapses then you can request confirmation that the order be struck out.

Happy days