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Setting Aside Ccj Guide
Summary
To set aside a CCJ, provide proof of address change and show prompt action upon discovery. Highlight any GDPR breaches by the DCA, such as failing to verify your current address. Prepare a written statement detailing your defense, including any past disputes and lack of consent for data processing. Request information from the DCA about the debt purchase price. If they dont respond, use this as evidence of non-cooperation. Consider the impact on your mental health and finances in your closing statement. For civil cases, hire a solicitor in advance, as duty solicitors are less common.Full Conversation
I have a court date to apply to have a CCJ set aside. CCJ was entered in an old address which i moved out of 6months prior (CCJ JUly *, moved out January *), therefore received no paperwork to defend. I found out about this in July * with demanding letters from a solicitor on behalf of the DCA. Upon telling them my circumstances and what i have mentioned they sent it back to the DCA with no further enforcement action. Will a proof of mvoing be enough for the judge to set the CCJ aside?
Hi ****,
To set aside a CCJ, you typically need to show:
- You did not receive the claim forms.
- You acted promptly upon discovering the CCJ.
- You have a reasonable prospect of defending the claim.
Proof of moving can be strong evidence. Do you have tenancy agreements, utility bills, or change of address confirmation?
To set aside a CCJ, you typically need to show:
- You did not receive the claim forms.
- You acted promptly upon discovering the CCJ.
- You have a reasonable prospect of defending the claim.
Proof of moving can be strong evidence. Do you have tenancy agreements, utility bills, or change of address confirmation?
I have a confirmation which was needed for the DWP when i had to make a claim for UC after my wife gave birth. As soon as i recived the Solicitors letters in * i rang them and thats when it was sent back to the DCA. I didn't recive the forms as they were sent to previous address, which is named on the CCJ, which makes me believe the DCA didn't follow GDPR and entered for the CCJ without checking my residence using their means such as credit file to mame sure everything theyhad was correct. This then in turn means the person(s) living at the old address could have read the letters also.
To strengthen your application to set aside the CCJ, ensure you:
- Provide confirmation of your move (e.g., tenancy agreements, utility bills).
- Show that you did not receive the claim forms.
- Demonstrate you acted promptly once you discovered the CCJ.
- Indicate a reasonable defence to the claim.
Have you gathered all necessary documents to support your case?
- Provide confirmation of your move (e.g., tenancy agreements, utility bills).
- Show that you did not receive the claim forms.
- Demonstrate you acted promptly once you discovered the CCJ.
- Indicate a reasonable defence to the claim.
Have you gathered all necessary documents to support your case?
proof of tenancy - yes
Hi ****,
It's good that you have proof of tenancy. Ensure you also have:
- Confirmation of address change (e.g., utility bills, DWP confirmation).
- Evidence of promptly acting upon discovering the CCJ.
- A reasonable defence against the claim.
Have you compiled all these additional documents?
It's good that you have proof of tenancy. Ensure you also have:
- Confirmation of address change (e.g., utility bills, DWP confirmation).
- Evidence of promptly acting upon discovering the CCJ.
- A reasonable defence against the claim.
Have you compiled all these additional documents?
yes, i have emails from the solicitors from when they sent back the to DCA as well as confirmation emails for the DCA confirming they had received the file back to them
Hi ****,
It's great that you have gathered all necessary documents. Make sure to present:
- Proof of tenancy and address change.
- Emails confirming the solicitor's communication with the DCA.
- Evidence showing prompt action upon discovering the CCJ.
Have you prepared a written statement outlining your defence and circumstances?
It's great that you have gathered all necessary documents. Make sure to present:
- Proof of tenancy and address change.
- Emails confirming the solicitor's communication with the DCA.
- Evidence showing prompt action upon discovering the CCJ.
Have you prepared a written statement outlining your defence and circumstances?
written statement - no
Hi ****,
It's important to prepare a written statement outlining your circumstances and defence. Key points to include:
- Details of your move and proof.
- Lack of receipt of claim forms.
- Prompt actions taken upon discovering the CCJ.
- Your defence against the claim.
Would you like guidance on drafting this statement?
It's important to prepare a written statement outlining your circumstances and defence. Key points to include:
- Details of your move and proof.
- Lack of receipt of claim forms.
- Prompt actions taken upon discovering the CCJ.
- Your defence against the claim.
Would you like guidance on drafting this statement?
if that is possible please. would there be a charge for this?
Hi ****,
There is no charge for the guidance I provide. To help you draft your statement, include the following key points:
- Details and proof of your move.
- Lack of receipt of claim forms due to old address.
- Prompt actions taken upon discovering the CCJ.
- Your defence against the claim.
Would you like more detailed help with any specific section?
There is no charge for the guidance I provide. To help you draft your statement, include the following key points:
- Details and proof of your move.
- Lack of receipt of claim forms due to old address.
- Prompt actions taken upon discovering the CCJ.
- Your defence against the claim.
Would you like more detailed help with any specific section?
I've got the words in my head that basically "the time in which this CCJ was applied for and entered (july *), was 6months after i had moved out of the property in which it was filed for (Janurary *), due to this i recieved no paperwork at all in regards to this, nor did i recived any written confirmation that a CCJ had successfully been entered. I first became aware of this in July * when a solicitor (Namley Overdales) wrote to me threatening enforcment action over non-payment of this CCJ. I informed them that this is the 1st i had been made aware and explained the circumstances mentioned above as well as mental health and anxiety issues. They (Overdales) then sent the account back to the Claimant and ceased any further enforcement action"
Hi ****,
Here is a structured guide for your written statement:
- **Introduction:**
- Your name and brief explanation of the situation.
- **Details of Move:**
- State when you moved out (January *).
- Provide proof (tenancy agreement, utility bills, DWP confirmation).
- **Lack of Receipt of Claim Forms:**
- Mention not receiving any paperwork due to old address.
- State the date CCJ was entered (July *).
- **Discovery of CCJ:**
- Explain how and when you discovered the CCJ (July *).
- Include details of the letter from Overdales and your immediate actions.
- **Actions Taken:**
- Highlight prompt communication with Overdales.
- Mention the response from Overdales and DCA.
- **Defence Against Claim:**
- Briefly state your defence and any relevant circumstances (mental health, anxiety).
Would you like further details on any section?
Here is a structured guide for your written statement:
- **Introduction:**
- Your name and brief explanation of the situation.
- **Details of Move:**
- State when you moved out (January *).
- Provide proof (tenancy agreement, utility bills, DWP confirmation).
- **Lack of Receipt of Claim Forms:**
- Mention not receiving any paperwork due to old address.
- State the date CCJ was entered (July *).
- **Discovery of CCJ:**
- Explain how and when you discovered the CCJ (July *).
- Include details of the letter from Overdales and your immediate actions.
- **Actions Taken:**
- Highlight prompt communication with Overdales.
- Mention the response from Overdales and DCA.
- **Defence Against Claim:**
- Briefly state your defence and any relevant circumstances (mental health, anxiety).
Would you like further details on any section?
thankyou, i think that covers it all. Would i also have to give a defecne as to why the original "alledged debt" wasn't paid (past dispute with the company) and that the DCA failed to gather any such detail, just a statement of money "owed", nor do i believe the follwed GDPR practices, and i did not enter any form of contract with the DCA? or is this hearing simply about the CCJ and the details/proof as to why i wasn't aware of it being entered which we discussed above.
Hi ****,
For your hearing to set aside the CCJ, focus on:
- **Proof of moving and not receiving the claim forms.**
- **Prompt action taken upon discovering the CCJ.**
However, briefly addressing your defence against the debt can strengthen your case:
- **Mention the past dispute with the company.**
- **State that the DCA did not follow GDPR practices.**
- **Highlight not entering any contract with the DCA.**
Would you like more details on presenting this information?
For your hearing to set aside the CCJ, focus on:
- **Proof of moving and not receiving the claim forms.**
- **Prompt action taken upon discovering the CCJ.**
However, briefly addressing your defence against the debt can strengthen your case:
- **Mention the past dispute with the company.**
- **State that the DCA did not follow GDPR practices.**
- **Highlight not entering any contract with the DCA.**
Would you like more details on presenting this information?
yes please.
Hi ****,
When presenting your defence, include the following points clearly:
- **Past Dispute with the Company:**
- Briefly explain the nature of the dispute.
- Mention any attempts to resolve it.
- **GDPR Practices:**
- State the DCA's failure to verify your current address.
- Highlight potential GDPR breaches.
- **No Contract with DCA:**
- Mention you did not enter a contract with the DCA.
- Assert that their claims are unverified.
Would you like more guidance on any specific point?
When presenting your defence, include the following points clearly:
- **Past Dispute with the Company:**
- Briefly explain the nature of the dispute.
- Mention any attempts to resolve it.
- **GDPR Practices:**
- State the DCA's failure to verify your current address.
- Highlight potential GDPR breaches.
- **No Contract with DCA:**
- Mention you did not enter a contract with the DCA.
- Assert that their claims are unverified.
Would you like more guidance on any specific point?
GDPR - what breaches have occured, in terms of sction xxx of xxx act, in my mind they "have failed to carry out checks" but in legal terms what would that be
Hi ****,
Under GDPR, potential breaches could include:
- **Failure to ensure data accuracy** (Article *(*)(d) GDPR): The DCA should have verified your current address before proceeding.
- **Unlawful processing of personal data** (Article * GDPR): If they processed your data without ensuring its accuracy.
Would you like more detailed information on these articles?
Under GDPR, potential breaches could include:
- **Failure to ensure data accuracy** (Article *(*)(d) GDPR): The DCA should have verified your current address before proceeding.
- **Unlawful processing of personal data** (Article * GDPR): If they processed your data without ensuring its accuracy.
Would you like more detailed information on these articles?
yes please
Hi ****,
Here are more details on the GDPR articles you mentioned:
- **Article *(*)(d) GDPR - Data Accuracy:**
- Personal data must be accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that inaccurate personal data is erased or rectified without delay.
- **Article * GDPR - Lawfulness of Processing:**
- Processing is only lawful if one of the conditions in Article *(*) is met, such as the data subject's consent, necessity for the performance of a contract, or compliance with a legal obligation.
Would you like more information on how to present these points?
Here are more details on the GDPR articles you mentioned:
- **Article *(*)(d) GDPR - Data Accuracy:**
- Personal data must be accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that inaccurate personal data is erased or rectified without delay.
- **Article * GDPR - Lawfulness of Processing:**
- Processing is only lawful if one of the conditions in Article *(*) is met, such as the data subject's consent, necessity for the performance of a contract, or compliance with a legal obligation.
Would you like more information on how to present these points?
also they (DCA) havent disclosed how much (if anything) the purchased the alledged debt for. How could i request this information off them to recive it before Monday 10th december?
Hi ****,
To request information from the DCA about the purchase price of the alleged debt, you can send them a formal letter or email. Here’s a concise template you can use:
---
**[Your Name]**
**[Your Address]**
**[Date]**
**[DCA's Name]**
**[DCA's Address]**
Dear Sir/Madam,
Subject: Request for Disclosure of Debt Purchase Information
I am writing to request detailed information regarding the alleged debt currently being pursued by your agency. Specifically, I would like to know the amount, if any, that was paid by your agency to purchase this debt.
Please provide this information by [Monday, 10th December].
Thank you for your prompt attention to this matter.
Yours faithfully,
**[Your Name]**
---
Would you need further assistance with this request?
To request information from the DCA about the purchase price of the alleged debt, you can send them a formal letter or email. Here’s a concise template you can use:
---
**[Your Name]**
**[Your Address]**
**[Date]**
**[DCA's Name]**
**[DCA's Address]**
Dear Sir/Madam,
Subject: Request for Disclosure of Debt Purchase Information
I am writing to request detailed information regarding the alleged debt currently being pursued by your agency. Specifically, I would like to know the amount, if any, that was paid by your agency to purchase this debt.
Please provide this information by [Monday, 10th December].
Thank you for your prompt attention to this matter.
Yours faithfully,
**[Your Name]**
---
Would you need further assistance with this request?
so with Data Subjects contsent, i am the sunject and did not consent to them retrieving my data from the origianl company? is is it that i did not consent to them retriveing my data and they entered into the wrong address?
Hi ****,
To clarify your situation:
- If you did not consent to the DCA retrieving your data from the original company, this could be a breach of GDPR.
- The DCA also failed to ensure your data accuracy by sending correspondence to the wrong address.
Would you like more information on how to present this breach in your case?
To clarify your situation:
- If you did not consent to the DCA retrieving your data from the original company, this could be a breach of GDPR.
- The DCA also failed to ensure your data accuracy by sending correspondence to the wrong address.
Would you like more information on how to present this breach in your case?
yes please
Sure, ****. Here's how you can present the GDPR breach in your case:
GDPR Breach Presentation:
***. Lack of Consent:**
- State that you did not provide consent for the DCA to retrieve your personal data from the original company.
- Reference **Article *(*)(a) GDPR**, which requires data subject's consent for lawful processing.
***. Data Accuracy:**
- Highlight that the DCA failed to ensure your data was accurate and up-to-date.
- Reference **Article *(*)(d) GDPR**, which mandates personal data must be accurate and kept up-to-date.
Would you like more details on how to structure these points in your statement?
***. Lack of Consent:**
- State that you did not provide consent for the DCA to retrieve your personal data from the original company.
- Reference **Article *(*)(a) GDPR**, which requires data subject's consent for lawful processing.
***. Data Accuracy:**
- Highlight that the DCA failed to ensure your data was accurate and up-to-date.
- Reference **Article *(*)(d) GDPR**, which mandates personal data must be accurate and kept up-to-date.
Would you like more details on how to structure these points in your statement?
wiht the request, woould i be best off asking for it by friday as to speed them up, or are they likely to drag their heels as they will probably also been informed of the court date.
Hi ****,
To expedite the process, it would be best to ask for the information by Friday. This gives them a clear deadline and emphasizes the urgency. If they are aware of the court date, they might still take their time, so being proactive is crucial.
Would you need help drafting the request?
To expedite the process, it would be best to ask for the information by Friday. This gives them a clear deadline and emphasizes the urgency. If they are aware of the court date, they might still take their time, so being proactive is crucial.
Would you need help drafting the request?
thankyou, If they don't respond by the deadline, could that then go for me in terms of how unwilling they are?
Hi ****,
If the DCA does not respond by the deadline, you can present this lack of response to the court as evidence of their unwillingness to cooperate. This can strengthen your position by highlighting their non-compliance with your request.
Would you like help with any other aspects of your case?
If the DCA does not respond by the deadline, you can present this lack of response to the court as evidence of their unwillingness to cooperate. This can strengthen your position by highlighting their non-compliance with your request.
Would you like help with any other aspects of your case?
with reagrds to the structure i think i shall copy nd paste and then make little que cards, with my anxiety i feel i may flap at some point
Hi ****,
That sounds like a good plan. Making cue cards can help you stay organized and focused. Here are some tips for your cue cards:
- **Introduction**: Briefly state your situation.
- **Details of Move**: Include proof of your move.
- **Lack of Receipt**: Explain not receiving claim forms.
- **Discovery of CCJ**: Describe how and when you found out.
- **Actions Taken**: Detail your prompt actions.
- **Defence**: Mention disputes and GDPR breaches.
- **Request for Information**: Note the lack of response from the DCA.
Would you like help with anything else?
That sounds like a good plan. Making cue cards can help you stay organized and focused. Here are some tips for your cue cards:
- **Introduction**: Briefly state your situation.
- **Details of Move**: Include proof of your move.
- **Lack of Receipt**: Explain not receiving claim forms.
- **Discovery of CCJ**: Describe how and when you found out.
- **Actions Taken**: Detail your prompt actions.
- **Defence**: Mention disputes and GDPR breaches.
- **Request for Information**: Note the lack of response from the DCA.
Would you like help with anything else?
that is perfect. thankyou very much. if i do think of anything else i will pop back on and pick it al, up again.
You're welcome, ****. I'm glad I could help. Feel free to reach out anytime if you need further assistance. Good luck with your court date!
thankyou
You're welcome, ****. Best of luck with your court date, and don't hesitate to reach out if you need any more assistance. Take care!
one last thing, will a duty solicitor be availbe on the day and would the court charge for that?
Hi ****,
Duty solicitors are typically available at court for certain types of cases, mainly criminal matters. For civil cases, like setting aside a CCJ, it's less common. There is usually no charge for consulting a duty solicitor.
Would you like information on finding a solicitor before your court date?
Duty solicitors are typically available at court for certain types of cases, mainly criminal matters. For civil cases, like setting aside a CCJ, it's less common. There is usually no charge for consulting a duty solicitor.
Would you like information on finding a solicitor before your court date?
yes please, i am assuming they will cost should i use them?
Hi ****,
For civil cases, you would typically need to hire a solicitor in advance, and yes, there would likely be costs involved. You may wish to contact:
For civil cases, you would typically need to hire a solicitor in advance, and yes, there would likely be costs involved. You may wish to contact:
~Law Society of England and Wales
Website: www.lawsociety.org.uk
Phone: * * *
They can help you find a solicitor in your area.
Would you need assistance with anything else?
Website: www.lawsociety.org.uk
Phone: * * *
They can help you find a solicitor in your area.
Would you need assistance with anything else?
thankyou, with reagrds to court, once i have given my evidence, what closing statement should i go with? do i mention impact on my health, suicidal thoughts, financial impact and it blocking a mortage application?
Hi ****,
In your closing statement, you can briefly mention the impact on your health and finances to emphasize the significance of setting aside the CCJ. Here’s a suggested structure:
- Summarize the key points: your move, lack of receipt of claim forms, and prompt actions.
- Highlight the broader impact: mental health issues, financial impact, and mortgage application blockage.
Keep it concise and focused. Would you like more specific wording for your closing statement?
In your closing statement, you can briefly mention the impact on your health and finances to emphasize the significance of setting aside the CCJ. Here’s a suggested structure:
- Summarize the key points: your move, lack of receipt of claim forms, and prompt actions.
- Highlight the broader impact: mental health issues, financial impact, and mortgage application blockage.
Keep it concise and focused. Would you like more specific wording for your closing statement?
yes please
Hi ****,
Here's a concise structure for your closing statement:
**Closing Statement:**
- **Summary of Key Points:**
- "Your Honour, I moved out of the address in January *, and therefore did not receive the claim forms sent to my old address. I promptly acted upon discovering the CCJ in July * and have taken all necessary steps to address this matter."
- **Broader Impact:**
- "This CCJ has significantly impacted my mental health, causing anxiety and suicidal thoughts. It has also affected me financially and blocked my mortgage application, which is crucial for my family's stability."
Would you like to adjust or add anything?
Here's a concise structure for your closing statement:
**Closing Statement:**
- **Summary of Key Points:**
- "Your Honour, I moved out of the address in January *, and therefore did not receive the claim forms sent to my old address. I promptly acted upon discovering the CCJ in July * and have taken all necessary steps to address this matter."
- **Broader Impact:**
- "This CCJ has significantly impacted my mental health, causing anxiety and suicidal thoughts. It has also affected me financially and blocked my mortgage application, which is crucial for my family's stability."
Would you like to adjust or add anything?
add a bit more if possible
Hi ****,
Here's an expanded version of your closing statement:
**Closing Statement:**
- **Summary of Key Points:**
- "Your Honour, I respectfully request the court to set aside the CCJ. I moved out of the address in January * and, as a result, did not receive the claim forms sent to my former address. Upon discovering the CCJ in July *, I promptly took all necessary actions to address this issue."
- **Broader Impact:**
- "The existence of this CCJ has caused severe anxiety and suicidal thoughts, deeply affecting my mental health. Additionally, it has created significant financial strain, impeding my ability to secure a mortgage, which is essential for my family's stability and well-being."
Would you like to add any more details or make further adjustments?
Here's an expanded version of your closing statement:
**Closing Statement:**
- **Summary of Key Points:**
- "Your Honour, I respectfully request the court to set aside the CCJ. I moved out of the address in January * and, as a result, did not receive the claim forms sent to my former address. Upon discovering the CCJ in July *, I promptly took all necessary actions to address this issue."
- **Broader Impact:**
- "The existence of this CCJ has caused severe anxiety and suicidal thoughts, deeply affecting my mental health. Additionally, it has created significant financial strain, impeding my ability to secure a mortgage, which is essential for my family's stability and well-being."
Would you like to add any more details or make further adjustments?
brilliant thankyou
You're welcome, ****. I'm glad I could help. If you have any more questions or need further assistance in the future, don't hesitate to reach out. Best of luck with your court date, and take care!
i will do thankyou
You're welcome, ****. Take care and good luck with your court date! If you need any more help, feel free to reach out anytime.
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