Small claims won, debt paid... but...

[kiethton]

Took SCC action against an individual in Q1, in doing so I followed all due process. Timeline:

Letter before action giving 2 weeks to settle

I initiated the claim via money claims online 3 weeks later with all documents served

The claim was not defended

The judgement was made in my favour

The time to pay ran out, unpaid and I updated the system with the same

Within a few hours of this I had contact from the other party

The debt was paid a week or two later

I updated the system to reflect the paid status

This week I've now had a set-aside form relating to this paid, settled claim come through the door without a covering note or anything else, just some made-up reasoning for not replying.

What happens now? Googling doesn't seem to be helping me here...

[Caddyshack]

Is the set-aside a request or a must do? If you do nothing then the judgement would stay on their credit file.

[kiethton]

The debt was registered, it was paid (months ago) and I marked as settled within hours.

I've now had the paperwork for set aside through, I think it's a request but it has 3 stamps - no other covering letter or anything else, hence me having no idea what happens now.

[Caddyshack]

Have a look here:

https://nationaldebtline.org/get-information/guide...


I think they may be able to help you.

[kiethton]

Thanks, although I'm on the other side of this. None really apply as it was sent to the address the person resided at, it was paid but after being registered (and some months ago)

[sugerbear]

So you have the money ? Or do you have to give it back?

[Stella Tortoise]

I understand it if the CCJ is repaid within 30 days then the record is removed.

Maybe this is what’s happening?

[kestral]

kiethton said:

just some made-up reasoning for not replying.

What is the made up reason?

[Cats_pyjamas]

Surely by paying they have accepted the judgement, if they contested it for whatever reason they should have applied for setting aside before paying? Maybe call the court to understand a way ahead?

[KungFuPanda]

I think they’ve realised that although they’ve paid the judgment, it was paid over 30 days after judgment was entered. If this was the case, the CCJ will show as satisfied and will remain in their credit file for 6 years. If it was paid within 30 days, it will merely drop off their file without anything having to be done.

I’m guessing they’re trying to set aside judgment in a bid to remove the CCJ so that it doesn’t show on their credit file.

Do you have a hearing date for the application yet?

[KungFuPanda]

Sorry, you don’t have to do anything at this stage unless there is a date listed for the set aside application to be heard.

[Simpo Two]

Why would they apply for set-aside AFTER paying? Advice from somebody? What date is it? Maybe just delayed paperwork?

[kiethton]

Yes, I have the cash, was paid but after the 30 days.

No hearing or any other information given beyond the form requesting a set aside which has some stamps on it

Says was staying away from the address (it's a lie) and that it was hidden if sent (again not true). The person is facing bankruptcy proceedings and fighting cases/about to be kicked out from rented accommodation so suspect needs the cash now....

[Somewhatfoolish]

I've been in this position once and being a total soft touch just "let them off" and marked it as paid in time (had staff dealing with it so not sure about procedure). I wouldn't have done if they'd been an ahole though. How have they been towards you?

In any case surely bankruptcy a million billion times more important to credit file than some random CCJ?

[Simpo Two]

kiethton said:

Yes, I have the cash, was paid but after the 30 days.

No hearing or any other information given beyond the form requesting a set aside which has some stamps on it

Says was staying away from the address (it's a lie) and that it was hidden if sent (again not true).

Well then I suppose you can use the same stunt... I once had a winning judgement set aside; the defendant didn't turn up, then said 'Didn't get the letter'. (Strikes me that sending letters by 'Signed for' would save a great deal of court time). I got them the next time.

I'd be inclined to ignore it. If they want their money back, make the fkers work for it like you had to.

[Caddyshack]

Somewhatfoolish said:

I've been in this position once and being a total soft touch just "let them off" and marked it as paid in time (had staff dealing with it so not sure about procedure). I wouldn't have done if they'd been an ahole though. How have they been towards you?

In any case surely bankruptcy a million billion times more important to credit file than some random CCJ?

Ccj would stop 99% of mainstream mortgages being approved at the moment and it’s a good warning to other lenders. If someone failed to pay me I would be very happy if a ccj was on their file….unless they already had a string of defaults and ccjs, then one more makes no real difference.

[Forester1965]

How long was it between the defendant getting in contact to arrange payment after judgment and the date of the application to set aside? Once they became aware of the judgment they needed to apply 'promptly'. Not doing so can be fatal.

See Civil Procedure Rules 13.3(2).

In deciding whether to set aside as above the court also needs to apply the Denton test. This includes looking at wider circumstances.

Paying a judgment then applying to set aside is contradictory at best.

[LimmerickLad]

In a very similar situation to the OP as the defendant failed to file a defence (even though he was given extra time and is using a solicitor for a small Claim) so I requested a default judgement. He doesn't have a leg to stand on but I am fully anticpating him to request a set aside if the Court agrees to my request.

My claim is not about housing as such however I found this link quite easy to follow:


https://england.shelter.org.uk/professional_resour...

[Louis Balfour]

LimmerickLad said:

In a very similar situation to the OP as the defendant failed to file a defence (even though he was given extra time and is using a solicitor for a small Claim) so I requested a default judgement. He doesn't have a leg to stand on but I am fully anticpating him to request a set aside if the Court agrees to my request.

My claim is not about housing as such however I found this link quite easy to follow:


https://england.shelter.org.uk/professional_resour...

Housing CCJs are a complex matter, and are not always registered.

Even when they SHOULD be entered they are not always.

The courts are in disarray.

[Somewhatfoolish]

Caddyshack said:

Somewhatfoolish said:

I've been in this position once and being a total soft touch just "let them off" and marked it as paid in time (had staff dealing with it so not sure about procedure). I wouldn't have done if they'd been an ahole though. How have they been towards you?

In any case surely bankruptcy a million billion times more important to credit file than some random CCJ?

Ccj would stop 99% of mainstream mortgages being approved at the moment and it’s a good warning to other lenders. If someone failed to pay me I would be very happy if a ccj was on their file….unless they already had a string of defaults and ccjs, then one more makes no real difference.

That's exactly why I was "happy" (not quite the right word) in the circumstances to do that, this was someone who was having serious problems and burying their head in the sand rather than being a dick.

Still my question stands - as bad as a CCJ is it surely can't be anywhere near as bad as bankruptcy?