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Ccj set aside refused

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  • Ccj set aside refused

    I’m a sole trader and had a ccj filed against me 2 years ago, I had moved address and wasn’t aware of the correspondence. I understand this is my fault but I paid the judgement 8 days after the 14 days leeway the court gives you. I had forgotten about the debt because my father had recently passed away and I have proved to the claimant that at the time of judgement I had a large amount of money from inheritance and the lack of payment was purely an oversight in grief, the claimant has accepted this and granted a consent order. I then sent the consent order along with a small covering paragraph (not explaining my personal circumstances at the time after advice from the solicitor representing the claimant) . The letter basically said please see attached a consent order after the claimant accepted reasons in which the payment was not made. The dj has refused my application because I didn’t meet provisions of cpr13 and because this order has been made on the application of a party without notice of the hearing being given, any other parties have the right to apply to have the order set aside, varied or stayed. A party making such application must send or deliver the application to the court within seven days of this order . I honestly thought because the claimant had agreed I was in mourning and I’d satisfied the judgement in full as soon as I knew about it then the process was more of a rubber stamping process. Am I best typing a letter with the circumstances?
    am I able to re apply myself?
    Who do I speak to next?

    Any help is is hugely appreciated. Thank you for your help
    Tags: None

  • #2
    You say you paid 8 days after Judgment. In that case what date was the CCJ awarded & what date did you pay?

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    • #3
      The date for payment without my credit file being affected was the 14th January 2017, I paid on the 22nd of January, on the day I found out about the ccj.

      Comment


      • #4
        It was the actual date of the CCJ I was looking for but it seems apparent you were too late to have it removed automatically. You may have been better just applying for Set Aside without the Consent of the Creditor - it could be the Judge thinks you are trying to circumvent the judical process.

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        • #5
          I see, I hadn’t thought of that. Do you have any recommendations as to what I could do next? Am I able to re apply with a letter explaining that the creditor has accepted I was grieving etc? Thanks again for your help

          Comment


          • #6
            Did you originally pay a fee to Court?

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