CounterClaim CCJ?

[MillsMotsMo]

We have a CCJ - now attached to the house- this was in times (2007) when we did not know the process. Have since asked Capquest for a copy of the agreement, their was response that they did not have one,but it is too late anyway. Is it too late to have the CCJ set aside based on non defence and also counterclaim payments we have made.

Thanks

[Never-In-Doubt]

Re: CounterClaim CCJ?

We have a CCJ - now attached to the house- this was in times (2007) when we did not know the process. Have since asked Capquest for a copy of the agreement, their was response that they did not have one,but it is too late anyway. Is it too late to have the CCJ set aside based on non defence and also counterclaim payments we have made.

Thanks

Have you ever admitted the claim when they served the N1 (CCJ)? Thing is if you never received it, and never knew about it till after the event then you maybe have more options available than if you actually admitted the claim originally.....

I've sent a message to Paul - our resident litigator! He should come back to this later if you provide some more details please....

[Never-In-Doubt]

Re: CounterClaim CCJ?

Message sent to Paul, our resident expert

[Paul.]

Re: CounterClaim CCJ?

We have a CCJ - now attached to the house- this was in times (2007) when we did not know the process. Have since asked Capquest for a copy of the agreement, their was response that they did not have one,but it is too late anyway. Is it too late to have the CCJ set aside based on non defence and also counterclaim payments we have made.

Thanks

It is likely to be very difficult to get the CCJ set aside as ( i think it was Regency Rolls vs Murat Carnell but dont quote me) the High Court ruled that 30 days was altogether too long in making an application

The Claimant would not need an agreement now, as there is a CCJ in place already, so that really doesnt help here either.

The only point i am unsure on is if service was defective. if the claim form was not served correctly then you may be able to argue to set aside, although as i said im not sure

Sorry that this isnt more helpful

[MillsMotsMo]

Re: CounterClaim CCJ?

Too worried, hoped it would all go away at that point, however, once judgement was made we put in the paperwork for our income and expediture as we were scared that they would repossess the house. Once I got my head straight and started reading the forums around 2009, i realised we were not alone, and then sent them a 12 day letter which they responded by saying they did not have a copy of the agreement, but it was too late as the CCJ was in place. We have at this point continued to make payments, but having just gone through a set aside,and then asked for a strike against a company who also don't have a credit agreement, we are happy that we understand the process,however, we need to know if we can go back and do the same to a CCJ already in place for quite a period of time.

Many Thanks

[MillsMotsMo]

Re: CounterClaim CCJ?

Thanks for your reponse, i think mine came in a little late, but understand what you have said.


Many Thanks

[Angry Cat]

Re: CounterClaim CCJ?

Click this linky: ---> Removal of CCJ's - Valid reasons to have your judgements set aside

[Angry Cat]

Re: CounterClaim CCJ?

It is likely to be very difficult to get the CCJ set aside as ( i think it was Regency Rolls vs Murat Carnell but dont quote me) the High Court ruled that 30 days was altogether too long in making an application

The Claimant would not need an agreement now, as there is a CCJ in place already, so that really doesnt help here either.

The only point i am unsure on is if service was defective. if the claim form was not served correctly then you may be able to argue to set aside, although as i said im not sure

Sorry that this isnt more helpful

Of course, I agree with Paul!

However, there are some cases that should be set-aside:
PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

Not without an uphill battle, though! [Emphasis Added]

[MillsMotsMo]

Re: CounterClaim CCJ?

Angry Cat,

Thank You, that is a useful link. I will more than likely give it a go.

Many Thanks

[Angry Cat]

Re: CounterClaim CCJ?

Angry Cat,

Thank You, that is a useful link. I will more than likely give it a go.

Many Thanks

Please, only follow this route, if you have valid reasons for defending the case!

Paul, will advise you better than, I.
About how difficult it is and the obstacles that you will have to overcome in convincing a Judge, as to why you have left it so late in making the application to have the CCJ set-aside.

[MillsMotsMo]

Re: CounterClaim CCJ?

Angry Cat

Yeah, i know,will spend sometime thinking about the best way to approach it. I was just confirming that there is an option for set aside should we wish to use it.

Thanks again

[Paul.]

Re: CounterClaim CCJ?

the biggest risk is costs if the application fails

you need to be aware that you will be liable under normal circumstances for the opponents costs if the application is unsuccessful.