- March 9, 2023
- Posted by: Gill Hadley
- Category: Uncategorized
It is possible to have a CCJ set aside if you have a good reason.
Setting aside a CCJ, cancels the Judgement but does not mean the debt disappears or that any Court action stops.
In setting aside a Judgement, this puts both parties back into the position they were in immediately before the Judgement. So it follows, that if you have a Defence against the Judgement, which you were unable to raise when the claim was first issued, you have another opportunity to do this.
There are multiple reasons why a CCJ can be set aside:
The Claim form was sent to an old address and therefore you did not receive it. There was a problem with the post hence you did not receive the claim form The claim form was dealt with on time but the Creditor asked the Court for a Judgement prematurely.
Sometimes, the money is not owed, sometimes, there is wrong information on the CCJ, sometimes the debt is statute barred ie over 6 years ago and sometimes the CCJ does not comply with the Consumer Credit Act. All told, there are cases where a Court would consider setting aside a CCJ if it shouldn’t have been issued in the first place.