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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A claimant issued a CCJ against me for service charge owed

Resolved Question:

A claimant issued a CCJ against me for service charge owed on a property I bought in July 2013. Due to family circumstance I didn't move into the property until March 2014. Just prior to my move I date, I contacted my mortgage lender for a general query and then learnt that learnt that my account was blocked. This was the first time I was made aware of the CCJ. I paid it straight away in full. I have electoral register letters proving that I was not living at the property until March 2014 and therefore I did not receive the summons. Given the above and the fact that I have paid all sums, can I apply for the judgement to be set aside? I spoke to national debt helpline and they told me I could speak to the claimant directly.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have they refused to agree to have the ccj cancelled please?
Alex Watts : What date is the ccj and when did you pay it?
Customer: No they haven't. They told me to send them an email with details and any evidence. I was planning on
Customer: sending them the electoral role information from the councils.
Alex Watts : What date was the ccj and when was if cancelled?
Customer: Date of the CCJ is 12 Feb.
Customer: Are you asking when I paid it? If so, it was as soon as I found out about it in march. But I was told this was just outside the 30 day window
Alex Watts : ok yes that is what I was getting at.
Alex Watts : The ccj can be set aside by consent.
Alex Watts : This is where both sides agree it can be set aside.
Alex Watts : If you are making an application to set aide usu
Alex Watts : If you are making an application to set aside you normally have to show you have a defence.
Alex Watts : In this case you have simply paid it, so in reality you have no defence.
Alex Watts : You are asking the court to use discretion to allow it to be to set aside.
Alex Watts : You could try this but it really will depend on the judge you get,
Alex Watts : The first port of call is to see if the claimant will agree to set it aside or agree to a certificate of cancellation.
Customer: How can I approach getting the CCJ set aside by consent? Is it the same process?
Alex Watts : Yes, you ask for their consent in writing.
Alex Watts : You then make an application to court on form n244 without a hearing and enclose the letter confirming consent from the claimant
Alex Watts : Can I clarify anything for you about this?
Customer: Is it best to go to the claimant by a solicitor? They told me to just email over details..which I am fine to do, but I want to give myself the best chance to clear this with them
Alex Watts : No solicitor needed for this, it seems fairly straight forward
Alex Watts : Can I clarify anything else for you?
Customer: No I think that's all. Thank you
Alex Watts : great, if I could invite you to rate my answer before you leave.
Alex Watts : If the system won't let you please tell me
Alex Watts : If you need further help please click reply.
Alex Watts : Good luck with this,
Customer: Do you have any advice regarding contact with the claimant?
Customer: Just really concerned that I only have one shot at this
Alex Watts : You have nothing to lose - just email explain you didn't get it and you are only just outside the 30 days.
Customer: That's why I was considering going through a solicitor
Alex Watts : That seems fair.
Alex Watts : you don't need to, it's an unnecessary expanse.
Alex Watts : Does that clarify matters?
Customer: Yes thank you for your advice
Alex Watts : No problem. A,l tge
Alex Watts : All the best
Alex Watts : And please do remember to rate before you go today.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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