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Thread: **WON** Set-Aside & Claim Dismissed **** CCJ Help

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  1. #176
    Amethyst's Avatar

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    Default Re: CCJ Help

    Most of your evidence will be for the full hearing following submission of your defence. At the set aside hearing you are only showing that you didn't receive the claim and there's no reason they couldn't have issued the claim to you. So the list you have made does seem appropriate - do you have a copy of your credit file showing dates records were update there with address etc ?

    What you'd do is simply write a witness statement stating that this is a supplemental witness statement in support of your application to set aside the judgment, and why and what the documents are that you attach as exhibits.

    {{{ I, Mr C of xxxxxxxxxxxxxxxxxxxxxx, am the applicant in this case and make this supplemental witness statement in support of my application to set aside the judgment in claim number XXXXXXXXX. }}}

    Send a copy to the court and to the claimant. Write the hearing date on the envelope for the court, and send to the court the hearing is at, FAO The Court Manager. You could also email a copy to the court if you have things scanned in, but send hard copy too, and def hard copy to claimant.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  2. #177
    mr_c's Avatar

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    Default Re: CCJ Help

    So my hearing is next month
    I have my evidence printed out and ready to send to the court, a copy goes to arrow too?
    And I need to write up a witness statement explaining what each bit of evidence Is?
    @Amethyst

  3. #178
    Amethyst's Avatar

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    Default Re: CCJ Help

    Yip As supplemental it should be in at least 7 days prior but earlier doesn't hurt xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  4. #179
    mr_c's Avatar

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    Default Re: CCJ Help

    I have not heard anything from arrow yet in relation to consenting to the set aside or sending me the documentiom that they are basing the claim on.
    Should I send a chaser or just go straight in with my evidence?

  5. #180
    Amethyst's Avatar

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    Default Re: CCJ Help

    You've got itchy feet .... no don't chase there's plenty of time for them to come up with documents ( that, remember, you DON'T want them to find ! )

    Do your WS to go with your extra bits of evidence you want to put in to help your set aside case and we can play with that.

    Once it's sent .... sit on your hands ..... until the hearing anyway
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  6. #181
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    Default Re: CCJ Help

    If the claimant consents to the set aside application do you still have a hearing?

  7. #182
    Amethyst's Avatar

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    Default Re: CCJ Help

    Not normally no. Also, it sounds like they are not proceeding with the claim after it has been set aside.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #183
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by Amethyst View Post
    , it sounds like they are not proceeding with the claim after it has been set aside.

    Has the Judgment Creditor consented to a set aside?

    And have they said that they’ll discontinue once set aside?

    I admit I’ve not read back through the thread to see where/why it says they are not intending to proceed with the claim after it has been set aside.

    If they’ve not consented to the OP’s Application for a set aside then there will be a hearing.

    Di
    Last edited by Diana M; 25th October 2017 at 21:35:PM. Reason: clarifying the legal position
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #184
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    If the claimant consents to the set aside application do you still have a hearing?

    Have they consented ?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #185
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    I have not heard anything from arrow yet in relation to consenting to the set aside
    Has the position changed since your above post #179 on 9th October?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #186
    mr_c's Avatar

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    Default Re: CCJ Help

    @Diana M

    They agreed to the set aside on Monday.
    I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.

  12. #187
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    @Diana M

    They agreed to the set aside on Monday.
    I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.
    You didn’t post that on your thread before asking your question.

    If they’ve consented to the set-aside and respectfully asked the court to dismiss the claim (because only a judge can dismiss a claim) then that should be the end of the matter.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #188
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    I got a letter with a consent form saying they consent to the set aside and that the claim be dismissed.
    When you say you got a letter with a "consent form" do you mean they sent you a Consent Order to sign?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  14. #189
    mr_c's Avatar

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    Default Re: CCJ Help

    Indeed

  15. #190
    warwick65's Avatar

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    Default Re: CCJ Help

    What exactly are you 'consenting' to?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  16. #191
    mr_c's Avatar

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    Default Re: CCJ Help

    They are consenting to setting the ccj aside and dismissing the claim.

  17. #192
    Amethyst's Avatar

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    Default Re: CCJ Help

    CONGRATULATIONS
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  18. #193
    mr_c's Avatar

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    Default Re: **WON** Set-Aside & Claim Dismissed **** CCJ Help

    So I had my hearing today and the judge has set aside the CCJ and dismissed the claim in full.

    Thank you so much to everyone that has helped me, this site has been such a great help to me, I honestly don't know how I would have got through this without your help.

    Especially @Amethyst - you have been a god send both in the forums and in private messaging - thank you so much!

  19. #194
    Amethyst's Avatar

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    Default Re: CCJ Help

    This is the consent order for reference.
    Attached Images Attached Images
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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