Hello - V Late newbie with court hearing tomorrow to set aside CCJ

[Amethyst]

Re: Hello - V Late newbie with court hearing tomorrow to set aside CCJ

Ahh okay that defence is out the window then, not a problem.

Just say the truth in court, a witness statement might help you get it all straight in your head, yes you mucked up in returning the directions order and getting default judgment against you, but the claimants haven't exactly followed the letter of the CPR either.

The defence you entered was right at that time, tell the court that you received SOME documents yesterday, but no copy of the agreement which they mentioned in their particulars of claim so you are still unable to make a proper defence or informed admission on the debt and ask that they are ordered to supply that. You made payments to capquest which does weaken your 'they havent said who the creditor is'' issue as you were happy to pay capquest so must have been aware at that time where the debt was from (judge speaking wise).

If he won't set aside, and it does sound like you might be facing that unless he's pished at the claimants for telling you the case was on hold then asking for default judgment which is possible...., ask him if you can apply to vary the judgment so you can make an installment payment arrangement fixed by the courts (and if you have your IE with you you might be able to do it then - might have to reapply though)

All you can do is be honest and show the judge you are trying to sort things out but not having the right information has made it complicated and stressful for you.

If you have trouble uploading then you can send them (redacted!) to our admin@legalbeagles.info email and I can upload them for you.

[mystery1]

Re: Hello - V Late newbie with court hearing tomorrow to set aside CCJ

Who signed the claim form ?

M1

[Clueless83]

Re: Hello - V Late newbie with court hearing tomorrow to set aside CCJ

Hi,

Sorry to restart old thread but thought it was probably easier to have the history!

So I'm a 'bury your head in the sand' kind of person and think I've let this situation get so much worse than it could have been! I attended the hearing mentioned above in March and explained to the judge that until 48 hours before the hearing I hadn't known what the case was about. He was annoyed with HC representative about that and was not impressed with the Particulars of the Claim. HC rep had not even seen it and was trying to defend it to the judge - which I think made him even more unimpressed!

I explained to judge that I realised default judgement was my fault for sending track allocation back late but thought I had genuine defence at the time as I did not know what the debt was. He asked me if I now know what the debt was about, now that I've had the pack and I said that I'd had a few debts when I was younger and did remember having that loan but that the amounts were different to how I remember and I hadn't had the documents long enough to check them against bank statements etc.

Judge thought that was reasonable so he adjourned the hearing and gave me 7 days to look through the pack and submit a new defence if I still thought I had one. Otherwise the judgement would stand and HC could apply for the costs of this set aside hearing.

This is where I buried my head. I should have come back on here and asked for more help but I checked my old bank statements and statement of payments they had sent matched so I left it. I waited for judgement of set aside costs and paid the whole amount by the deadline given.

My question now is... can I apply to have it removed from the Register? I know if I'd have paid it within 1 month when judgement was first placed I could have but obviously I applied for set aside. I thought I would get a new judgement from the court asking for the whole amount but I didn't. I had a letter saying the adjourned hearing was vacated as I hadn't submitted new defence, then I had a letter with costs on. I paid this with the actual debt amount within the 3 weeks on the judgement. I did pay within 1 month of the set aside costs being given so do the same rules apply?

Or should I have paid debt amount straight after set aside hearing, when I knew I wasn't going to offer new defence, then the costs when they came through?

Any advice much appreciated!

[FlamingParrot]

Re: Hello - V Late newbie with court hearing tomorrow to set aside CCJ

The 28 days would have been from the original default judgment. If the judgment had been set aside, then the claimant would have had to start again by issuing a claim and going through the motions to obtain judgment, however since you didn't get it set aside, the original judgment stands. There was no reason for the court to make a new order of judgment when the original wasn't set aside. :juge:

If you have paid it in full, it should appear as satisfied on the record. :thumb: