Upcoming CCJ set aside hearing and thereafter?

[Widey1979]

My court case to address the CCJ is in three weeks.

What can I expect during this procedure? I believe this is a 15 min meeting behind closed doors in front of a judge where I state my case along with the evidence I submitted in the hopes that the judge will set aside the CCJ?

I am not sure if this is going to be a box ticking exercise where Arrow doesn't even turn up for the hearing as they appear to regularly fail to do so and of course I am not counting on this happening at my hearing either.

Can anyone give me more information on the next steps and due process should I be successful in having the CCJ set aside please? I know this is not the end of the road to resolving this matter but I am unclear on what I must do next if I am successful in having the CCJ set aside.

[pt2537]

My court case to address the CCJ is in three weeks.

What can I expect during this procedure? I believe this is a 15 min meeting behind closed doors in front of a judge where I state my case along with the evidence I submitted in the hopes that the judge will set aside the CCJ?

I am not sure if this is going to be a box ticking exercise where Arrow doesn't even turn up for the hearing as they appear to regularly fail to do so and of course I am not counting on this happening at my hearing either.

Can anyone give me more information on the next steps and due process should I be successful in having the CCJ set aside please? I know this is not the end of the road to resolving this matter but I am unclear on what I must do next if I am successful in having the CCJ set aside.

You dont argue your case, well not in that sense, the court doesnt look at wheter you should pay etc, you argue your grounds for setting aside the judgment. The Court can set aside under CPR 13.2 or 13.3.

Did you file a Defence with the Application?

Once the CCJ is set aside, assuming it is, then you will need the court o give case management directions, these will give you a road map to trial

[Widey1979]

That makes sense, thank you.

In addition to my application form I also stipulated the reasons to set aside the CCJ by means of a witness statement which I believe has led to the hearing in two weeks. Assuming this is what you mean by filing a defence with the application?

Does this have to go to trial post CCJ setting aside or will I have other alternatives available such as settling the alleged debt or making an offer?

I am getting to the stage where I am considering just paying this to be done with it so I can get a clear credit record for my mortgage to become a reality.

[Widey1979]

I have just returned from the set aside hearing where the judge ruled in my favour setting aside the CCJ with costs! Arrow Global did attend and rather vigorously defended their position however CPR 13.2 was upheld and I was instructed to log a defence by 6 December 2019. I intend to make Arrow an offer to pay half the debt as I want to resolve this as speedily as possible so I can apply for a mortgage. Here's hoping they accept my offer if I point out that this judgement in my favour proves a high likelihood that they will not receive a penny should they decline my offer and we end up going to court. Thank you for all the help I received from everyone on here.

[Amethyst]

Great well done

The order to set aside doesn't really have anything to do with whether you'd end up winning the case. You can of course make an offer to settle, maybe offer half and let them off the costs, without prejudice, and in the interest of saving further time and costs being incurred by taking the case to a hearing.

Do you have the original particulars of claim now? and know what the original debt was? If it is a consumer credit debt then it is a good idea to get a CCA request off to Arrow, and potentially a CPR 31.14 request asking for other documents mentioned in the statement of case, to help with your defence.

[Widey1979]

The debt was fraudulently incurred by a family member in 2010 relating to an overdraft facility on my bank account. HSBC sent me all the info they have on file pertaining to my name and address after a GDPR request and strangely there is no hint of any of the letters I hand delivered to the bank regarding this issue where I contest the matter! Solicitors were not able to provide a copy of the agreement during the hearing which didn't harm my case. The Arrow Global 0800 contact number has disconnected twice now after a 15 min on-hold wait each time. They must all be on lunch!

[Widey1979]

I need some guidance please. I received a General Form Of Judgment or Order from the court in the post on Friday stating the following - It is ordered that: 1. Judgment set aside and any warrant or other enforcement discharged, providing the Defendant by 4:00 pm on 6 December 2019 files for a full Defence with the Court and serves a copy on the Claimant. 2. If the Defence complies with the above both parties to file DQ's. 3. Costs in the case.

[Widey1979]

This debt is because of fraudulent use of an overdraft facility, the original agreement is not available from the claimant and although I stand a decent chance of another favourable result if this goes to court again, I have made a reduced verbal offer (clearly stating I accept no liability for the original debt) with the intent of resolving this matter quickly so I can proceed to obtain a mortgage. Assuming I must still submit a defence regardless by 4pm on 6/12/19, what happens if they accept my offer after I have submitted a defence? Do I still have to submit a defence if they accept my offer before the due date? Are there any templates on here that I could use to draft my own defence - I suspect there is but I want to make sure I use the correct one if possible.