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Judgement set aside - what do I do next? (Bryan Carter/Lowell)

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  • Judgement set aside - what do I do next? (Bryan Carter/Lowell)

    Hi

    I have a CCJ on my credit file since January regarding a 10 year old account which I haven't paid for over 6 years. BC say it is not statute barred as a payment was made on the account in 2011 (4 months before the 6 years was up) of £9.59.

    I have been to the court today, showed a copy of emails between myself and Creation Finance where I asked for any account information they have and their reply saying the account is purged as they only keep records for 6 years. The judge said this backs up my defence and agreed to set aside the judgement.

    So, now it is going to a small claims hearing, what do I need to do for this?

    The judge at first said the onus was on me to prove I did not make the payment, is this because the judgement was already against me? He later said BC would need to show evidence of the payment at the hearing.

    Now it is set aside, does this mean it steps back and I can now write to BC and request that payment info so that I provide proof I didn't make it?

    Apologies if I appear not to know what I am talking about....I don't! Fortunately the judge was fair.

    Thanks in advance
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  • #2
    Re: Judgement set aside - what do I do next? (Bryan Carter/Lowell)

    How it was paid by whom and method of payment evidence from them? I suggest, basically proof of payment

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