Need Strategy Advice - Negotiating a CCJ before I have it set-aside

[Fuzzy123]

The CCJ was issued 2 years ago, for an overdraft I had with my old bank. They want £1,800.

As the CCJ went to the wrong address, I believe I have a valid claim to get it set-aside.... but all that will happen if I get it set-aside is it will go back through the courts unless I pay it in full.

Can I negotiate a settlement now with the debt collection agency, but only to be paid after it is set-aside? I feel like if I start negotiating after I've had it set-aside, I've lost my leverage at this point, and the 6 year clock will restart on me if I don't pay it in full.

At the moment at least I have some leverage, because I could just wait it out for 4 years.

So essentially, in case this wasn't clear, I want to ring the debt collection agency and say in a manner of words "look, I can either wait this out for 4 years and you get nothing, or I could apply to have this set aside as the CCJ was sent to a wrong address, and once it has been set aside I'm willing to pay you £800 lump sum to have this debt cleared. Have we got a deal?". Hypothetically, how does that sound for a strategy?

[Amethyst]

As a strategy it ignores that the judgment holder could enforce the judgment against you for the full amount and currently have that security over the full amount ... and as a big company they don't mind and are used to a 4 year wait to be paid and often enforce towards the end of six years( bailiff/ third party debt order/ attachment of earnings etc) They have a CCJ which puts the ball in their court- you want the CCJ removing from the register and your credit file ( presumably else why apply to set aside? ) so they have no reason to accept a reduced settlement. The six years isn't set in stone either, they can apply to court to enforce still if they show good reason why they haven't enforced before ( eg not being able to trace you ).

If you set aside and don't then defend or pay they can just go on to get the judgment reapplied and all you've done is extend the time on your credit file for a further 2/3 years.

If you're going to pay in full or defend then set aside. A defence ( if you have valid defence points ) could encourage them to accept a reduced settlement paid over a year or so without getting the ccj reapplied. If not, and you're not too fussed about the ccj on your file, you could just ask court to order affordable monthly instalments.

[Fuzzy123]

The six years isn't set in stone either, they can apply to court to enforce still if they show good reason why they haven't enforced before ( eg not being able to trace you ).

Thanks, well they should have no issues tracing me now, I've been in contact recently to get a SAR.

If you're going to pay in full or defend then set aside. A defence ( if you have valid defence points ) could encourage them to accept a reduced settlement paid over a year or so without getting the ccj reapplied.

This is what I'm wondering, because the debt is for £1,800, but there is about £1,900 in charges between 2006-2012. Would that constitute any kind of defence? Have I got any hope of being able to reclaim these charges as they are over 6 years old?