Can I get my CCJ Set aside?

[Gazesque]

Hello,

I have just come across this website and hopefully someone may be able to advise me?

I am thinking of applying to have a debt set aside and CCJ removed if it’s possible?

The CCJ is for approx £5000. The original debt was for half of this amount but with the court charges, interest and admin fees it doubled.

When the CCJ was issued I was living at a new address and all the paperwork was sent to an old address, meaning I didn’t know about this until I received information at the new address.

I have been paying a set amount every month and have been doing for approximately 4 years now.

It wasn’t until I asked to see a statement that I saw the additional charges Hoist Finance (originally Robinson Way) and queried why my £2500 debt was taking so long to pay off and realised the charges that have been added were the reasons why.

When the CCJ was applied in 2016 the original credit card debt would have been approx 9 years old (Statute Barred). However, I was very anxious and worried I just started to pay Hoist Finance as there letters were worrying me. Therefore, unintentionally admitting the debt without advising that the debt would be statute barred.

So my question is, can I now, 5 years later contract the court and ask this to be set aside based on two points.

1 - I wasn’t made aware of the CCJ action taking place because I was at a different address.

2 - In 2016 when the CCJ was issued, the original debt at the time would be an old debt of 9 years previously therefore statute barred?

Any help/advice would be greatly appreciated.

Thank You,
G.M

[R0b]

Hello

Whilst I would say it is not impossible, I think the circumstances you've described there is little to no possibility of you getting the CCJ set aside. Not only are you likely to be way out of time, which you will need to explain to the court why it has taken 5 years to make an application, you have been paying the debt and the starting point is that payment is considered an admission of liability.

Short of needing a miracle, I think you need to suck this one up and chalk it down to experience. You can, of course make an application but it will cost you and I doubt that Hoist would simply roll over.