i have just lost my case to set aside a ccj, the judge advised that my wording in my application was wrong and my witness statement was advising things that i had not put in my application, so the ccj is still in place and the application to stay the writ has now been put back in place, can i still not request to set aside again or what do i do now
System of Law: England-and-Wales
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What was wrong with your application according to the judge please?
The judge has the power to manage court applications. Strictly the correct route is to appeal but you could ask the court if they would accept a further application to set aside.
In a set aside application you need to show why your application has a chance of succeeding and explain the reason for any delay and why you dispute the original judgement.
Is there anything else I can help you with?
thanks, the judge did say at the end of the hearing what are your plans now and i advised i goiong to reapply to set aside the ccj
the judge did say that I should have said that, i did take out insurance with the company however only supllied bank details in september, this was around 6 weeks after the insurance company should have cancelled the insurance which states in there terms and conditions:
Thanks. This suggests then that would be prepared to accept a further application to set aside based on what you say.
ok thanks, I think my main argument should now be that in ther insurance companies terms and conditions it states that if you chose to pay your insurance in one payment please send a cheque or please provide direct debit details. if this information is not provided within 14 days then the insurance will cease.
If you believe you cancelled the insurance by notice or action then this should be your principal argument. In addition if the court does not accept that you cancelled your insurance, you would argue that the insurer must still mitigate its costs and you should only be liable for a proportion of the policy period.
ok thats helpful thanks
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LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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