Another CCJ Set Aside Question

[AppleBoy]

Hi,

I was hoping to receive some advice as my research has turned up very mixed indications on the possibility of getting a CCJ set aside.

I checked my credit file and I have a ccj for approaching £5000, to an Arrow Global.

I know what it was, although it has grown some! It was a ~£4000 Halifax overdraft.

The CCJ was registered in September 2017, the documents were sent to a previous - previous address (I presume based on where it is registered).
I have not been hidden I have been registered to vote at my previous address and my current address. I have had mail redirects running for 3 to 6 months after each move.

Now here is the detail.

I do not know who Arrow Global are, they have never written to me, I have never been informed that they now own this debt.
Just before the transfer / sale of the debt - I can see on my credit record it happened January 2015, I was paying Halifax, it was for an overdraft on a bank account, which I was no longer actively using, there were issues not least due to the huge amount of interest, but this was getting paid, perhaps as much as £800 in the last 3 months.

Contact Halifax to negotiate paying off the debt in a more formal agreement January 2015, was told that I did not owe them any money, and that they could not accept any money, the debt was being sold on, they were doing this to lapsed accounts with overdrafts, they did not have the details of the new creditor, but they would be in touch and I had to pay them.

I heard nothing, for 12 months! And then I moved.
I lived at my new address for nearly a year with a 3 month mail redirect, after that I moved again, this time with a 6 month mail redirect.

Nothing what so ever, explaining they owned the debt, asking for payment, or court papers.

What bugs me is, I would have been in a position to pay this off in full had they approached me, I still can / would, but ...

I want the ccj gone, what are my chances of getting this set aside, to then pay in full?
Should I contact Arrow Global to discuss this before going for the set aside?

Am I just stuffed, and have to accept the ccj?

Thanks for any advice.

[R0b]

Morning,

Have a read of my guide on the link below, that should give you a flavour. Crucial to setting aside a CCJ is knowledge of when you became aware.

Setting aside a deafult judgment

[jaguarsuk]

I do not know who Arrow Global are, they have never written to me, I have never been informed that they now own this debt.

I want the ccj gone, what are my chances of getting this set aside, to then pay in full?
Should I contact Arrow Global to discuss this before going for the set aside?

Good. You should make an application under CPR Part 13.2 & 13.3 stating that you did not receive the claim form in a witness statement due to it going to an old address. If you can get proof you redirected your mail when you moved that'll only strengthen the application. Once set aside you can then either negotiate settlement with the claimant or defend it, up to you. I'd think if you offer about £2K they'll accept settlement.

Write to the claimant requesting the consent to setting it aside and setting a 7 day deadline for response, if they consent great and if the refuse or you don't hear then file the application. The court requires you to apply promptly after finding out you have a judgement against you, so you can't mess about as you could scupper your chances.

If they agree it's a cost of £100 and if not £255 to file the application, which if successful you can ask the court awards the claimant to pay you.

When it comes to negotiating the settlement then you only do it in writing with a heading of "Without Prejudice Save As To Costs" and you make it clear if acceptable to them they must respond confirming that the figure represents "full and final settlement" of debt and that they will file a notice of discontinuance in claim X (the claim number).

Once you have that letter, you make payment as agreed and keep a record of the payment being made.

More info on set aside here: http://legalbeagles.info/forums/foru...tailed-version

Edited to add due to R0bs post above: My link is to his guide.

[AppleBoy]

Morning,

Have a read of my guide on the link below, that should give you a flavour. Crucial to setting aside a CCJ is knowledge of when you became aware.

Setting aside a deafult judgment

Thank you Rob, I have literally learned of the ccj this week.

I appreciate the guidance and I will check out your guide, thanks.

[AppleBoy]

Thanks JaguarUK, I very much appreciate the advice.

I will update this thread with my actions and the outcome, so hopefully it can help others.