Ccj been set aside 03/02/17

[Phila12010]

Hi everyone,
This is my first post on this website, I am looking for a bit of info regarding a ccj I have just had set aside, I would like to thank everyone on this site as I used as much info as I could find on here which helped me successfully get the ccj set aside. I am wondering now would the claimants application to re apply for a ccj be treated as a new application or would it just go bck to the original date they applied.
Many thanks
Phil

[R0b]

Re: Ccj been set aside 03/02/17

Hi Phil,

Setting aside the CCJ means that unless the claim is withdrawn or dismissed at the same time, there would be a new date for trial for both parties to attend. If the judge rules against you, then you have a grace period of one month from the date of judgment to make any payment as ordered otherwise a CCJ will be recorded on file.

Can you tell us a bit more about the original claim, and did you notify the claimant that you were going to apply for a set aside? Who are the claimants in this case?

[charitynjw]

Re: Ccj been set aside 03/02/17

Hi Phila

Normally it reverts back to being a live claim & is as if the actual hearing/judgment has not yet happened.
Was the judgment set-aside by consent? If so, why?
Was it a default judgment?
You've won a battle.......maybe we can help you to win the war!

[Phila12010]

Re: Ccj been set aside 03/02/17

Hi rob
Thank you for your reply. The claimants are Cabot financial (UK) ltdand the appointed solicitors are Mortimer Clarke. The original debt was an unsecured loan with welcome finance took out pretty 2007, I have sent a sat request to welcome. The original ccj was awarded by default in Jan 2015 for which I had not received the claim forms as I had moved over a year prior to them being issued.i also argued the fact of the debt being statute barred as last payment made early 2007. A solicitor from Mortimer Clarke attended on the day but the judge agreed that I had a reasonable chance of defending the claim and that I acted promptly once I found out about the ccj.hope this helps
Many thanks
Phil

[Phila12010]

Re: Ccj been set aside 03/02/17

Hi charity
Yes the judgement wasn't default as I never received the forms to file a defence, the claimant opposed the application to set aside but fortunately the judge deemed to set aside in my favour.
Many thanks
Phil

[Phila12010]

Re: Ccj been set aside 03/02/17

Sorry was meant to say was by default 😀

[charitynjw]

Re: Ccj been set aside 03/02/17

If you have not already done so, send a CCA request + £1 fee to Cabot Financial, pronto!
http://legalbeagles.info/forums/show...y-of-Agreement
If it were me, I'd send it via Mort C, telling them to forward it on to their client.
Keep copies & get proof of posting.

They opposed the set-aside? Cheeky beggars!
Well done for perservering.

[Phila12010]

Re: Ccj been set aside 03/02/17

Thank you for your reply soon I will send the CCA off to Mortimer Clarke tmw recorded signed for. Would I need to send them a CPR request yet as I haven't yet received the claim form.
Many thanks
Phil

[Diana M]

Re: Ccj been set aside 03/02/17

When the CCJ was set aside the proceedings go back to the stage they were at before the CCJ.

From what you say it seems you didn't file a Defence so that might be your next step (I don't know the full facts). Have you got a copy of the set aside Order and does it include any Directions for anything?

Also did you include a Draft Defence with your Application to set aside?

You would send the CCA Request to the Claimant (Cabot) in order for it to be valid. If you don't do that they could argue they've never received your Request so are not bound by it.

Send a copy of your CCA Request to Mortimer Clarke together with your CPR 31.14 Request. In order to know what to include in your CPR 31.14 Request you'll need to see the original POC.

But first of all can you post/type up the Particulars of Claim from the initial claim form. It appears you didn't received that so you can call the court (MCOL) as ask them to send you the "Case Details" by email which is free of charge for the printout.

If MCOL don't/won't do that, then you can get a copy of the original N1 Clam Form from your local county court (where the set aside hearing took place). They will charge you the standard £10 fee I'm afraid and your request may need to be in writing.

Di

[Diana M]

Re: Ccj been set aside 03/02/17

The original debt was an unsecured loan with welcome finance took out pretty 2007, I have sent a sat request to welcome. The original ccj was awarded by default in Jan 2015 for which I had not received the claim forms as I had moved over a year prior to them being issued.i also argued the fact of the debt being statute barred as last payment made early 2007.

Even if this debt is SB it makes sense to add as many legal arguments as you can muster for your Defence in case it isn't. That's the reason for sending the s 77-79 CCA Request.

I'm struggling to read your post but do you mean you've already sent a SAR to Welcome?

You say you took out the loan in "pretty 2007" do you mean before April 2007? If so what date did the loan start.

How long was the loan term i.e. when was it due to expire if you had continued to pay the contractual monthly amount?

If your last payment was in 2007 and the CCJ was not until 2015, what went on during those eight years that you know of?

Did you have PPI on the loan (possibly front-loaded)?

Did you take out the loan through a broker?

And finally (sorry for all the questions) how much was the original loan (Regulated or Unregulated?) and how much is the claim?

You've now been given the opportunity to defend this claim so you might as well do it thoroughly

Di

[Phila12010]

Re: Ccj been set aside 03/02/17

Hi Diana
Thank you for your help.i have not yet received the set aside order from the court. I did include a draft defence I sent in along with the n244 form when I applied to have the ccj set aside, I will dig out the defence later and post it on here. Would it be my local court where the hearing was for which I need to send for a copy of the claim form or Northampton where it was issued. Thank you all for your help all advice is greatly appreciated.
Many thanks
Phil

[Diana M]

Re: Ccj been set aside 03/02/17

I did include a draft defence I sent in along with the n244 form when I applied to have the ccj set aside, I will dig out the defence later and post it on here.

Okay that was a Draft Defence, now you have the opportunity to file the real deal.

You need to do that to protect your legal position in the event the Claimant decides to Discontinue the claim. Once a Defence has been filed the Claimant can't re-issue after any Discontinuance unless they make an application to the court for permission which they're unlikely to get if the facts are the same or substantially the same as the first claim, and they can't raise a new claim based on issues you've raised in your Defence.

Di

[Phila12010]

Re: Ccj been set aside 03/02/17

I have sent a sat request to welcome finance at the beginning of January, I should be due to receive these forms around Feb 18th. I apologise for the typo this predictive text is annoying haha yes I meant pre 2007. I am awaiting the sat forms to find the exact date but I know I entered an IVA for which last payment was made early 2007 at which point I had to take a long period of time off work during to a back injury and during that time as it was agency work I lost the job so was unable to pay. PPI was taken on the loan but they refused to honour it for what reasons I cannot recall. The loan was taken with welcome themselves as I recall for £1500 but the amount claimed in court is £2300. Hope this helps
Many thanks
Phil

[Diana M]

Re: Ccj been set aside 03/02/17

Would it be my local court where the hearing was for which I need to send for a copy of the claim form or Northampton where it was issued.

Your local court will have the paper file.

Since you won your set aside application what does the court Order say about costs (when you get it) because you want your £255 application fee back don't you

Di

[Diana M]

Re: Ccj been set aside 03/02/17

I know I entered an IVA for which last payment was made early 2007

Was this debt included in your IVA?

Did your IVA complete or did it fail in 2007?

You may need to send a SAR to your IVA provider too (if this debt was included).

Di