CCJ in Default

[Guest]

Hello, in late October I received notice from the court bailiff that an enforcement order had been made in relation to a judgement which I knew nothing about. I called the bailiff that day and they provided me the details regarding the judgement and the solicitors acting for the claimant (an old credit card I had). I called them that day and entered an arrangement to repay, I explained that I knew nothing about about the judgement, and it transpired that proceedings were issued against a previous address.*I subsequently wrote to them requesting that they set aside the judgement via a consent order, they responded declining but without explaination. I replied pointing out the fact that proceedings were issued incorrectly and that there is a serious risk to my Livelihood. They responded advising that they would now take their clients instructions, today they have contacted me advising that their client will not concent to proceedings being set aside, they have not provided any explanation. I will now make an application to have set aside with the court, is there anything that in these circumstances I need to specifically do.*

[ploddertom]

I assume because you made an arrangement to pay that you knew you owed the debt? When you moved did you notify them? If you had known at the outset about the proceedings would you have been able to pay the debt off in full?

I agree because you did not know about the proceedings that you may be able to apply for set aside but you also need to provide a viable defence to the matter as well, otherwise you could just be swapping one CCJ for another.

[Jccj]

Hi ploddertom, once I spoke to the solicitor firm I recalled that in around 2014 I had a capitol one card I seem to recal I had about £200 outstanding on it, but I can’t be sure. However as I knew I had a card and that there had been an outstanding balance I agreed to set up the payment plan. If I had known about the proceedings I would’ve cleared the debt in full at that time.*
I don’t understand how I would be swapping the CCJ for another *if there is a payment plan in place? Would clearing the debt in full now make any difference? - also I ah e moved this topic over to the Cabot thread if you would like to reply there. Either way thank you for your help.*