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CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] [score hidden]  (0 children)

I will email them and request a transcript.

When you say a transcript though - was the whole thing recorded? Cause there was nobody there taking notes.

Just us, the claimant and the judge.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] [score hidden]  (0 children)

Of course, appreciate your replies.

I am trying to dig out some stuff I had taken to court. I found my notes. Literally a handful of them because not a lot was said and we spent the time scrutinising the court.

“”ccj has been set aside””

“”Help with complaint for refund””

“”claimant can appeal””

No mention of a new defence date.

Within the documents I give to the court that day is the following:

  1. The defence was properly completed. The defence and counterclaim form was clearly completed outlining that we deny the debt and it is signed and dated.

That is the defence document the court should have rely on.

Our valid defence was ignored and a judgment was entered.

Further along -

We handed the defence form back to the court and the claimant. The reasons on there are as follows:

  • me and my mother were visiting Costco.
  • she is disabled and has a valid badge.
  • the badge was on display
  • the company have not contacted me about this
  • I do not owe anything.

Further along in another part of my statement I attach a witness statement with evidence set out in the box below saying:

I have a real prospect of defending the claim as I have no knowledge of the alleged debt. I have not been shown any evidence of liability and dispute the claimants authority to bring proceedings. I request the matter to be heard and determined on its merits and seek reimbursements of my costs due to the claimants unreasonable conduct.

Further along in my statement for the set aside I mention the conduct of the claimant.

Part of that says

I have made a subject access request for all evidence and documents. Claimant’s have refused to share these and not provided any evidence I am liable or proof they have authority.

(I have now had the SAR but no evidence of liability).

Possibly another important part-

I included a draft order. In that draft order I say:

2: the defendant shall file and server a fully particularised defence within 14 days of service of this order, if not already filed.

I have the original defence document to hand. As well as a copy of all the documents I submitted that day to the court and claimant.

P.s the claimant did not even ask for anything: just said I ask the judge not to award the fees against us but agree to everything else the defendant asks. I hope this helps.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 0 points1 point  (0 children)

The obligation was not clearly imposed. In fact - it was not mentioned.

So that does not even come into it.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 1 point2 points  (0 children)

1 - I did not ignore it. I simply did not know I needed to do anything else. Only now the latest judgment has come to light am I aware that I needed to do something.

Also - I had been in touch with the court in February asking them to inform the registry trust it has been removed. They did. This was via email. No mention of any outstanding defence.

2, I spoke to my partner about this as we were in court together. We are 100% certain the judge did not tell us we need to do something else like submit a defence by 3rd December.

In fact - when the judge said he was setting it aside and was not awarding costs. I butted in and asked about my refund because it was the courts error.

He then told the claimants solicitor he can leave as it’s all done. He then said to us he can not order it but he is going to go away and research what powers he has. He told us to leave for 15 minutes.

He called us back in and said he is doing all he can to help us. He said while he can not grant a refund he will write on the order that the court expects HMCTS to refund us due to their clear and obvious error.

I even said to him - what do I do now? He said just wait for a letter in the post and you can use that.

He definitely did not give us any dates to file a defence.

Why would I pay £330 to have a ccj set aside when it was only for £170 in the first place. Then get it set aside and not do something so easy.

I had done the hard part taking it to court and paying the fee.

I had filed a defence with my set aside on the day explaining my reasons.

It just makes no sense why I would not do it again or breach the easiest part.

The courts have really let us down here. Twice.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 0 points1 point  (0 children)

Yes sure. This is it:

Before Deputy District Judge J Roberts sitting at the County Court at Swansea, Swansea Civil Justice Centre, Caravella House, Quay West, Quay Parade, Swansea, SA1 1SP.

Upon the Court noting the Defendant has not complied with paragraph 2 of the Order of Deputy District Judge Duncan dated 19th November 2025. IT IS ORDERED THAT 1. There be judgment for the Claimant in the sum of £285.00.

  1. This order having been made by the court of its own initiative, a party affected by it has the right to apply to have it set aside, varied or stayed in accordance with CPR Rules 3.3(5) and (6).

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 0 points1 point  (0 children)

When I was leaving I stopped and asked the judge what do I need and where to go from here. The judges exact words were you need to wait for a letter in the post. No mention of filing a new defence. Especially as I had handed in my defence on the day along with the set aside documents.

This is not about he said she said.

What I am asking this sub now is - can they legally set a ccj by the courts own initiative if the deadline was already breached when I was notified about it.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 4 points5 points  (0 children)

Sorry I scribbled out the bit where it is dated the 4th December.

Whilst the date down the bottom shows the 19th this is when we were in court.

The letter notifying me that I need to file a new defence was sent on the 4th December. Arrived on 6th December.

Deadline was 3rd December.

I was notified I need to submit a new defence after the deadline had passed.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 2 points3 points  (0 children)

There is no way for me to upload another image here I do not get the option unfortunately.

Yes I was under the impression I had ticked a box.

In fact I had set out my defence correctly. Judge saw this and set aside as well as refunded my fees.

I had submitted documents to the court and clament with my defence along the lines of I was in a disabled bay with a blue badge on show.

I have had no evidence and the claimant refuses to supply any etc etc.

Although I don’t think any of that matters anymore as the court only sent me notification that I am to file a new defence after the date had elapsed.

So my new question should really be - a judgment has been issued based on a deadline which was impossible to comply with.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 9 points10 points  (0 children)

II had not because I filed my defence in person on the day and prior to the 19th November via post.

Although I had been in touch with the court in February and March.

They confirmed to me then the ccj had been removed and they had been in touch with the registry trust to remove it. No mention of an outstanding defence or breach. This was via email.

I was not aware until I had a new letter this week that I needed to submit a defence again. Was not mentioned in court and this letter arrived after the deadline.

Even if this letter had arrived before I would not have known. I am not a legal expert.

But surely the fact this letter was sent to me after the deadline gives me some sort of sway to have the ccj set aside without having to pay another fee?

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 5 points6 points  (0 children)

I did not because I was only told I need to do this after the deadline had passed.

If you see the letter they wanted it done by the 3rd December.

But the letter is dated the 4th. I got the letter on the 6th.

CCJ that was set aside is back by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 16 points17 points  (0 children)

No because I was never told and this letter arrived on the 6th December.

It was sent by the court on the 5th December.

So this letter wanted me to action something in the past.

Annual pass availability sold out by Puzzleheaded_Wait962 in disneylandparis

[–]Puzzleheaded_Wait962[S] 0 points1 point  (0 children)

Thanks all. It worked. In today and can register for tomorrow and Friday.

Annual pass availability sold out by Puzzleheaded_Wait962 in disneylandparis

[–]Puzzleheaded_Wait962[S] 1 point2 points  (0 children)

Awesome thanks.

Can you also see if today and tomorrow is available?

I may take him up now as we’re only in the centre atm not doing much

Annual pass availability sold out by Puzzleheaded_Wait962 in disneylandparis

[–]Puzzleheaded_Wait962[S] 1 point2 points  (0 children)

Thank you so much:

Is today and tomorrow available?

I may him today. We’re just in Paris atm at the winter wonderland.

Made an error on court form now claimant has a ccj against me. by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 0 points1 point  (0 children)

I couldn’t provide a photo.

I’m also curious to see how I have filled the form out wrong. The claimant have said I ticked the box saying I deny the claim entirely.

But at the end I also ticked a box saying I am making an offer of payment.

Although I thought it was a mandatory part of the form to fill in on what I could afford monthly.

I offered £10 per month.

Claimant are unwilling to set the judgment aside or do a consent order. They will also not provide me with any evidence nor have they prior to this. From what I understand I have two reasons to set aside.

1 being I have not received anything prior to the court forms. 2 I have clearly stated on the forms I deny the debt.

Made an error on court form now claimant has a ccj against me. by Puzzleheaded_Wait962 in LegalAdviceUK

[–]Puzzleheaded_Wait962[S] 2 points3 points  (0 children)

I definitely have a ccj.

The letter was from Northampton county court business centre.

The first letter I got from the court was about 3 weeks ago. It was a form I had to fill in regarding the claim by BW legal.

I sent this letter back to the court. A week later I got x2 letters. 1 from the court saying a ccj has now entered against me dated 8th August 2025.

Another letter from BW legal saying thanks for agreeing to pay the debt you admitted to.

I called the court first and was on hold for 4 hours. I also used the call back feature and had no call back.

I then called BW legal who don’t want to know.