CCG Set Aside Judgement
CCG Set Aside Judgement
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Discussion

jcborden

Original Poster:

270 posts

231 months

Monday 9th September 2019
quotequote all
I had a CCJ issued against a former tenant (more to make it harder for them to fleece other landlords or lenders than to recover the money which is extremely unlikely).

However, they have requested the judgement be set aside because they say they never received the CCJ documentation (having moved from the forwarding address provided) and a court date has been set.

My question is what I have to do if anything - is it worth me going? I don't want to pay for representation as the amount owed is less than 1K and as mentioned I am unlikely to get it back in a meaningful timeframe. Do I just not attend and wait for the set aside, get the new correspondance address and re-apply for a CCJ??

Thanks in advance.

Edited by jcborden on Monday 9th September 12:42


Edited by jcborden on Monday 9th September 13:00

Eric Mc

125,611 posts

294 months

Monday 9th September 2019
quotequote all
Is a CCG different to a CCJ?

jcborden

Original Poster:

270 posts

231 months

Monday 9th September 2019
quotequote all
Eric Mc said:
Is a CCG different to a CCJ?
Sorry, typo (now corrected)

Eric Mc

125,611 posts

294 months

Monday 9th September 2019
quotequote all
Because you typed it as CCG twice I thought you might be talking about something other than a CCJ, that's why I asked.

Based on watching programmes like "The Sheriffs are Coming", I would say that failing to attend a hearing is not looked on favourably by judges and magistrates.

2 sMoKiN bArReLs

32,015 posts

264 months

Monday 9th September 2019
quotequote all
I went to a hearing exactly the same as this.

It took about 3 minutes hehe

...and I managed to get a bollicking from the judge in the time.

The other side claimed they'd never had any of the papers, and in the lack of 100% proof the CCJ was set aside.

Edited by 2 sMoKiN bArReLs on Monday 9th September 16:58

jcborden

Original Poster:

270 posts

231 months

Monday 9th September 2019
quotequote all
2 sMoKiN bArReLs said:
I went to a hearing exactly the same as this.

It took about 3 minutes hehe

...and I managed to get a bollicking from the judge in the time.

The other side claimed they'd never had any of the papers, and in the 100% proof the CCJ was set aside.
How did you get a bking??

Did you do anything about it afterwards? From what I can tell, once set aside I could just start proceedings again with the correct address, but trying to get any real guidance (without stumping up for a solicitor) is proving difficult...

2 sMoKiN bArReLs

32,015 posts

264 months

Monday 9th September 2019
quotequote all
jcborden said:
2 sMoKiN bArReLs said:
I went to a hearing exactly the same as this.

It took about 3 minutes hehe

...and I managed to get a bollicking from the judge in the time.

The other side claimed they'd never had any of the papers, and in the 100% proof the CCJ was set aside.
How did you get a bking??

Did you do anything about it afterwards? From what I can tell, once set aside I could just start proceedings again with the correct address, but trying to get any real guidance (without stumping up for a solicitor) is proving difficult...
You don't need a solicitor. I made it clear I'd go through the whole process again and the judge also gave the other side a stiff talking to.

This was enough for us to come to a deal.

I got a bollicking as I was no longer a director the the company I was representing. That's a problem apparently.