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Although it is not uncommon to discover that you have a County Court Judgment (CCJ) against you, having a CCJ can have a significant impact on your ability to obtain a loan or a mortgage, qualify for some professions and rent a property.
Would I qualify to have the Judgment set aside?
This depends on the circumstances leading to the Judgment. One of the key deciding factors that the court will take into consideration is the delay that has preceded your application for the Judgment to be set aside.
You must apply promptly after being made aware of the Judgment, your next few steps after uncovering the Judgment are crucial. You must also be able to demonstrate that your defence to the Claimant’s claim/Judgment has prospects of succeeding.
Can I still apply if there has been a delay?
You can but the prospects of the Judgment being set aside are lower than if you had taken action promptly. It is entirely up to the Judge to allow the Judgment to be set aside, taking all the circumstances into account. It is important to have a persuasive argument to present.
How much will this cost me?
Fees will need to be paid privately. No-win, no-fee agreements are not viable when defending a claim or applying to set aside Judgment. We could look to work on a fixed fee if we deem this possible – however, fees are likely to be in excess of £1,000 + VAT to conclude matters on your behalf.
Will I succeed?
When deciding whether to set aside the Judgment, the court will consider: whether there is a good reason why the claim papers were not dealt with by you in the first instance and/or why the time limit was not complied with; whether you have a real prospect of defending the claim and whether you have brought your application promptly. This will vary on a case by case basis.
What happens if I do succeed?
It is important to remember that the claim will still continue. Setting aside a Judgment does not bring the original claim to an end. If you intend to oppose the claim, the court will expect you to file a Defence to the original claim and you will proceed towards trial from thereon.
At this point, you can inform the credit agencies (such as Expedia) that the Judgment has been set aside and the court should also confirm this to the relevant agencies.
Why should I choose Oakwood Solicitors Ltd?
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
If you believe or feel you have a claim, contact us for a free initial consultation regarding your options:
Laura Walton is a Solicitor working within the Commercial Litigation and Dispute Resolution Team having trained and qualified at Oakwood Solicitors. Laura is passionate about helping her clients find the right resolution for them, whether that be by way of Alternative Dispute Resolution and/or proceeding to litigate matters when the parties are unable to amicably settle matters between them.
Regularly instructed by both claimants and defendants, Laura has a great insight into both parties’ positions and being able to objectively assess the strengths and weaknesses of both parties cases. To name a few, Laura is often instructed in relation to Breach of Contract claims, Professional Negligence claims, Construction Disputes, Contractual Issues and Landlord and Tenant disputes.
Laura undertakes her own advocacy and regularly attends court on behalf of her clients. She also attends mediations with clients, often achieving the best result for them on the day.