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URGENT PLEASE HELP **CCJ set aside

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  • URGENT PLEASE HELP **CCJ set aside

    Hi LegalBeagles,

    ive been having an ongoing dispute with a solicitor with regards to fees. They eventually made a claim at a small claims court. I put in a defence and on the date of the hearing we agreed a settlement of a proportion of the amount to be paid within 2 months, and the claimant made a condition on the consent order stating that if the payment failed they would apply for judgement of the full amount. A month after this agreement, I lost my job and finances became an issue. Ididn't know what to do about agreement, I thought I would have a chance to put my current circumstances forward at the next stage. As I am not too familiar with the money claim system, I didn't realise that I would automatically get a CCJ for the original amount. Do I have a chance of getting the CCJ set aside due to my termination of employment and therefore change of financial circumstances. I will try to get a set aside to the court today as I hear time is crucial with set aside applications. I will also offer to pay the original amount we agreed to settle on in the set aside application.
    Last edited by RtoR; 6th May 2016, 13:13:PM.
    Tags: None

  • #2
    Re: URGENT PLEASE HELP **CCJ set aside

    Save your money - a set Aside application will fail as you admit you owe the money. The only way you can avoid a CCJ on Credit File is to pay in full within a month of the CCJ being awarded against you. Even if you then pay after this timescale the CCJ still stays on your file although you can apply to have it marked as Satisfied. It remains on file for 6 years.

    If you are not in a position to pay then you should apply for a Variation Order (Form N245) which if granted can allow you to pay at an affordable rate. You may be eligible for exemption in whole or in part then you will need to see Forms EX160a & 160c.

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    • #3
      Re: URGENT PLEASE HELP **CCJ set aside

      Hi thanks for your reply, The full amount they are asking for is £7000, I admit to around £1500 and I accepted to pay £2000 just to cover other fees that they bargained. This is why I accepted a settlement of £2000, but I don't accept the £7000, which is why it ended up at court.

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      • #4
        Re: URGENT PLEASE HELP **CCJ set aside

        Hi everyone, is there anyone else who thinks I could get anywhere with a set aside as I dispute the whole amount they have a CCJ for. Or any other angle I can take

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        • #5
          Re: URGENT PLEASE HELP **CCJ set aside

          Think your find Plodderton is correct you admitted the debt or some of it

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