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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a ccj applied , however I recently applied for

Customer Question

I had a ccj applied for 5k, however I recently applied for this to be set aside.
The judge did not agree for this to be set aside, but made an order for the claimant to produce full documented evidence of the claim and put the ccj to 'varied' pending damages to be assessed.
If the claimant does not produce evidence, can I ask for the claim to be dismissed?
If the claimant does produce evidence and the judge sets an amount, can I remove the ccj if I pay this amount within 30 days?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
1) No - this is because there is already Judgement. The claim can't be dismissed if there is already a valid CCJ. The Court can set aside the CCJ and strike the claim out but cant dismiss it - that is only if there is a trial.
2) Only 30 days from date of CCJ, not date of documents.
Can I clarify anything for you about this today please?
Can I clri
Customer: replied 2 years ago.
Hi Alex,I am assuming the claimant has no evidence as they refused to supply me agreements and calculations prior to applying for judgement. In this case, the judge could strike out the claim when it returns to court - does this mean they will set aside the ccj if there is no claim?
Expert:  Ash replied 2 years ago.
Yes it would be set aside and then struck out
Does that help?
Expert:  Ash replied 2 years ago.
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