I am unsure what thetime limit for it being set aside is as i sent the N244 and payment back in April 2013 and have not received any other correspondence?
Was there a Court hearing for the set aside application?
Not as far as i am aware. I received no claim form prior to receiving the judgement for claimant (in default) and received no correspondence before action.
Was your cheque cashed for the application to set aside?
i paid direct to the court by debit card. I have just checked my statement and think this shows as CCB office
Then you need to call the Court.
There should have been a hearing for the application
It is not done on the papers, only ever at a hearing
If there has been no hearing then it has not been set aside
Do you think there has been an error?
Its possible they took the payment and didnt list it
I did ask for a telephone hearing but have not heard
But I can't say of course I am only guessing
Either way there would have been a hearing
But call the Court and ask.
But you should know that to set aside a CCJ you have to show that you have a realistic defence, which is why there is a hearing
1) Call the Court tomorrow and ask
2) If it has not been listed then ask that it is
Can I clarify anything for you about this today please?
just if it is set aside should it not show on credit reports as i wanted to remortgage!
How would i determine it is set aside?
If it has been set aside you would need to send a copy of the order to the credit reference agencies
You would have known because the Court would have sent you an order saying its set aside
No as i said i have not received any correspondence since completing the N244.
Ok - then you have to assume there has been no hearing and it has not been set aside
So call the Court tomorrow morning
Thank you for your assistance, i appreciate it as i have never been in this predicament before
I understand. Is there anything else I can clarify for you
If it is set aside will that be until i have to go and voice my reason for disputing the claim?
Yes - that is the reason for disputing
If the Judge considers you have a defence then they will set aside
as i did not receive a claim form before receiving the judgement is that a valid reason along with the fact i have proof that the said amount was partly paid from my account etc
The fact you didnt get the claim form is not a good enough reason.
The reason is the amount claimed was partly paid from your account.
Can I clarify anything else for you?
i read that i should of received months of requests for payment before i received the judgement but this was not the case - i received one letter which i the =n contacted the plainant and he agreed the matter was sorted - that was 41/2 years ago and then nothing until the judgement
Well you are talking about pre action. Forget that - that is not a defence.
Your defence is:
Any claim is statute barred (41.5 years ago)
In any event £ was paid from your account
That is your defence
Does that help
But dont worry about that until you know about the hearing
They have 6 years to bring a claim for a debt. Out of time
So he was in time
You said there was a letter saying he agreed you were clear 41.5 years ago? If that is the case, he is not out of time
despite it being so long
Out of time
More than 6 years ago
no letter he said i owed him nothing in a phone call
So any claim going back to 2008 is or earlier is statute barred
ok thank you
Can I clarify anything else?
i will contact court tomorrow to clarify things and hopefully get it sorted
Great. Let me know how this develops and I am always happy to answer future questions
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Thanks will let you know