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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Point A) I was given a CCJ by a collections agent that delivered

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Point A) I was given a CCJ by a collections agent that delivered the Notice to an old address of mine. The debt owner actually had my correct address. I have requested the courts set the judgement aside as the address was incorrect. I have a court case this week in London. Point B) I plan on paying the debt, but I have been on job seekers allowance until recently. I am a Fund manager and FCA regulated individual and a Director and this CCJ (issued last May 2015) had hampered my ability to find a job and perform my duties as a Director and FCA IMC (Investment advisor). I have requested they set the CCJ aside and need to give the courts this additional information in Point B. Can you advise if there is any case law or other position that supports me?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** i will help you.
Have you applied to set aside please?
Customer: replied 1 year ago.
Yes I applied to have it set aside. There is a hearing soon.
Expert:  Ash replied 1 year ago.
Do you have a valid defence?
Customer: replied 1 year ago.
My defence is Point B. (and Point A). Your question is what I am asking you - is this a valid defence?
Expert:  Ash replied 1 year ago.
Point B is not a valid defence. Just because you are going to pay it, is not a reason to have it set aside.
However point A is a valid defence and the Court MUST set it aside.
The court rules state:
13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–
(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;
(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or
(c) the whole of the claim was satisfied before judgment was entered.
The address for service was wrong, they had your correct address. As such its not a regular Judgment and the Court must set it aside.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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