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Ccj set aside

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  • Ccj set aside

    Hi, I’m looking for advice regarding a CCJ set-aside application.

    I recently discovered that a County Court Judgment has been entered against me. I was not aware of the claim at the time because I was not living at the address where the claim was sent. At the time the papers were served, I was homeless and staying temporarily with a friend at a different address.

    As soon as I became aware of the CCJ, I acted quickly. Within 4 days, I applied for Help With Fees and began the process of applying to set aside the judgment.

    I do not dispute that the debt exists, but I did not have the opportunity to respond to the claim or deal with the matter before judgment was entered. I am now seeking to have the CCJ set aside so that I can address the matter properly.

    In terms of evidence, I have:
    - Delivery receipts (e.g. food orders) showing I was staying at a different address during the relevant time
    - Bank activity supporting this timeline
    - Potential confirmation from the person I was staying with

    I have not yet received confirmation regarding my Help With Fees application and am currently following this up with the court.

    I would appreciate advice on:
    1. Whether my circumstances are likely to meet the criteria for setting aside a CCJ
    2. Whether my evidence is sufficient without a formal tenancy or fixed address
    3. Anything else I should include in my N244 application to strengthen my case

    Thank you in advance for any guidance
    Tags: None

  • #2
    Hi Wizjager

    Welcome to LB

    I would appreciate advice on:

    1. Whether my circumstances are likely to meet the criteria for setting aside a CCJ

    If you can prove what you are saying, there is no reason why the Court wouldn't consider it.
    If you write to the Creditor, see if they will give consent for the set a side, that would help
    your case. Also the N244 fee would be less.


    2. Whether my evidence is sufficient without a formal tenancy or fixed address

    Again give what evidence you have to the Creditor when seeking consent, you
    won't be the first person not to have a formal tenancy or fixed address, you
    shouldn't be 'penalised' because of it.


    3. Anything else I should include in my N244 application to strengthen my case

    As above, seek consent from the Creditor.

    https://legalbeagles.info/library/ho...-judgment-ccj/

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