CCJ - Set aside hearing has failed can I now apply to vary?

[newuser43]

Hi to all and hoping someone can help with a legal point.

I am the defendant and without going into the entire history of this CCJ I would like to know if I am allowed to now apply to vary an order.

I requested a hearing to set aside a CCJ which was issued in default.

I attended the hearing yesterday and the DJ dismissed the application so the original judgement stands (forthwith within 28 days)

Without burdening you all with the entire history, and having analyzed the events of the hearing yesterday evening, I think the claimants have played a little legal tactic with me, and it worked. I am a LIP and only realized the tactic whilst re-thinking in the evening. Funny thing when you are sitting in front of a DJ, brain freezes and doesn't think clearly, in hindsight the DJ asked me a very specific question which I think was a cue to state certain facts. I didn't cotton on and started 'blurting'. Never done this before and even I realise that is never a good idea in front of a DJ. The result was DJ stated she had no alternative but to dismiss the application.

However what is most important at this moment in time is am I allowed now to apply to vary an order after a hearing to set aside has failed?

Many, many thanks in advanced for any help.

[MIKE770]

Re: CCJ - Set aside hearing has failed can I now apply to vary?

sure the legal team here will advise ???

sound like another yes mam DJ .

[Amethyst]

Re: CCJ - Set aside hearing has failed can I now apply to vary?

Yes you can apply to vary the original judgment order at any time. Is the original order for forthwith payment or by installment ?

[newuser43]

Re: CCJ - Set aside hearing has failed can I now apply to vary?

Hi Amethyst, many thanks for your quick reply.

The original order is forthwith. I applied for a set aside because the claimant issued the original order in default (stating I had not responded to the claim) which I did and have proof of this. They then wrote to me stating that the order issued in default was an administrative error on their part. I still think it was an intentional error in order to issue a statutory demand! Not to be too cynical about these things!

Anyway the following letters to me stated that they gave consent that the hearing to set aside be treated as a hearing to vary. However on the day, yesterday, in the chambers the claimants solicitors were defending the application to set aside and I didn't cotton on to this until afterwards. I even increased my monthly payment proposal but when the DJ asked the claimants sols if they would accept this she stated she had no authority to accept a monthly payment!! So DJ said she had no alternative but to dismiss the application to set aside.

Im feeling like I got a legal hoodwinking by the claimants tactics there, telling me one thing in the letters to me then sending a solicitor who states they have no authority to accept a monthly payment!!

Only option now is to apply to vary the order, maybe should have done that in the first place?

[Amethyst]

Re: CCJ - Set aside hearing has failed can I now apply to vary?

Oh dear. So you applied to set aside and the solicitors consented to the set aside of the default judgment. Were you defending the claim or just trying to get the judgment removed to make an offer to pay? I think you had another thread about the statutory demand ?

Did you inform the court of what happened prior to the hearing ( consent to set aside / consent to change hearing to variation order ) ?

So your outcome is that you have the same judgment as previously and are down an application fee.

You should be able to apply to vary the forthwith order to installments.

[newuser43]

Re: CCJ - Set aside hearing has failed can I now apply to vary?

Not quite, i'm sorry i don't think my explanation was clear.

The letters that I had from their solicitors following the CCJ in default said that they had issued the default in error but that in any event their client was entitled to judgement.
In their letter they also said that they gave consent to treat the application to set aside as a hearing to vary the order. So I attended the hearing with no preparation to treat it as a hearing to set aside, and instead prepared for the hearing to be one of asking the DJ to vary the order.

Once the hearing had begun their solicitor cited lots of legal speak as to why the order should not be set aside. Then the DJ asked me for my reason for the order to be set aside. At the time all I heard was - What are your reasons?, I completely panicked and started spouting about my low income and the reason for my payment offer. Basically I panicked and completely missed the point. To be honest the whole thing became a blur, I then panicked some more because I felt the whole thing going pear shaped, I then increased my monthly offer. The DJ then asked their solicitor if they were able to accept that, and her response was she was not authorized to accept any monthly payment and the client is entitled to the order forthwith.

So basically they set me up for a fall by saying in their letters that they consent to the hearing to be used as an application to vary, which is what I prepared myself for, but on the day their solicitor treated the hearing as a set aside and with no authority to accept a monthly payment anyway! Because of my lack of legal knowledge I didn't know that I could have informed the court of this previous agreement to treat the hearing as an application to vary, also when I checked in with the clerk when I arrived I wasn't asked if I was representing myself nor was I offered any CAB advice.

Total disaster. Its a great shame because I had a very good chance of having the order set aside based on my original reasons for making the application. Just got caught like a rabbit in the headlights!

[newuser43]

Re: CCJ - Set aside hearing has failed can I now apply to vary?

Sorry, I should add to this for clarification that when the DJ asked me for my reasons, I panicked and started spouting the reasons I had prepared to vary the order, as opposed to reasons for it to be set aside! Thats what I had prepared for because at this stage I still thought the hearing was one to vary because that is what the claimants solicitors had said in their letter. I just assumed that was the case!