Ccj set aside: Is the claim back to the start or is there no more claim?

[Strawb£rry]

Hi everyone,

Thanks everyone for your advice as usual, I've been incredibly stressed and upset over the past few weeks just dealing with a lot.

I've been on here a bit trying to sort out a set aside on a CCJ, I paid the fee for the N244 a few weeks ago, so hoping it goes through.

I was wondering if the case gets set aside, from what I understand it goes back to the claim stage, does this mean the original claim still stands or that the creditor can apply for another new claim to start over? I'm wondering what my chances are of setting up a payment plan to avoid a second claim altogether should the CCJ be set aside?

Now, if a second claim goes through OR the original claim still stands, can this be retracted? I have read stories of people who cannot pay the full balance off immediately but sometimes creditors accept an offer. I'm also wondering if creditors are willing to accept a payment plan? Just wanting to know other people's experiences.

I've also heard of a Tomlin order, I understand this is a more formal payment plan but was just wondering if a regular payment plan can be accepted?

[atticus]

In the vast majority of cases the original claim stands. It will now go through the court processes, so you will have as a first step to file your Defence.

As to payment plans - discuss with the claimant. They will usually want some form of court order, as this enables them to go back to court more easily in the event of non payment.

[Strawb£rry]

In the vast majority of cases the original claim stands. It will now go through the court processes, so you will have as a first step to file your Defence.

As to payment plans - discuss with the claimant. They will usually want some form of court order, as this enables them to go back to court more easily in the event of non payment.

Thanks for responding, do you know what conditions would mean the claim doesn't stand?

Basically I have ongoing mental health issues (depression/anxiety), I already put a payment plan with the creditor in place and a CCJ would mean I could become homeless and struggle to find employment in the industry I work in, I am already on a low income.

I have taken responsibility over the debt, but wondered if a creditor would agree to some form of payment plan or arrangement as at the moment there's no way I could afford the full amount in 30 days.

[atticus]

Probably that the claim would have to be incredibly obviously hopeless.