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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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I received a letter from P2PS (debt recovery agent) last

Customer Question

I received a letter from P2PS (debt recovery agent) last week (on 2nd March, 2016) saying there is a CCJ against my name, which was issued on 16/12/2011. This is the first time I am hearing about this. A bit of a background - I am from India and was living in the UK between 2006 and 2010. I left the UK on 10/05/2010 and didn't come back till Sep 2014 (I was out of the country for nearly 4 years. I was completely unaware of this CCJ as I was not in the country. So I want to know if 1) If I can have the judgement set aside? 2)will I need to inform the claimant that I intend to have the judgement set aside (in the letter they sent me, they have asked me to get in touch with them in 7 days and they are still happy to arrange a payment plan - butI have no clue what it is all about. Please advice on what I should be doing. Thanks
Submitted: 9 months ago.
Category: UK Law
Expert:  Jo C. replied 9 months ago.

Do you owe the money?

Customer: replied 9 months ago.
I know I owe some money, but not what they are claiming in the letter (£4,300). I havent seen a default notice or any other correspondence saying I owe xyz amount or anything like that, as I was out of the country. I am willing to pay the amount I owe, but I want to the ccj to be set aside because it will affect my credit rating (I understand that it will stay in my file for 6 years (which is till 10/12/2017)
Expert:  Jo C. replied 9 months ago.

OK. How much do you owe?

Customer: replied 9 months ago.
Thats the issue, I am not sure how much, because it has been over 6 years I took out the loan and I cant remember how much exactly I owe. It should be around £2000 to the best of my knowledge. I also not sure when the account was marked as default and when they started the court proceedings
Customer: replied 9 months ago.
Here are some time lines for your reference:
Loan approved date - 24/02/2010
CCJ issue date - 16/12/2011
I was out of the country during - 2010 to 2014 (I returned in Aug, 2014. I used to live in Aberdeen when I took out this loan, but when I returned to the UK, I started to live in London)
P2PS letter stating I have a CCJ (first time I was made aware that I have a CCJ) - 02/03/2016
Customer: replied 9 months ago.
Here are my concerns -
1) What are my chances of succeeding in getting the judgement set aside (given my situation that I was out of the country and was unaware of the proceedings)2) If I apply to get the ccj set aside, I know that the creditor is still able to chase me for the money I owe (which i am happy to pay in full - I just want to get this CCj set aside first), and I also know that they have to start the procedure all over again.. but will I have enough time to pay them in full before they could take out another ccj against me (in this case it will stay on in credit history for another 6 years - which I absolutely dont want)3) After the ccj is set aside, will I be able to make them an offer for a full & final settlement i.e. will I be able to negotiate the amount ? (because once the ccj is set aside, they will need to start the collection process all over again and there will be only 10 to 11 months left for the debt to become statute barred (assuming the default started after 4 missed payments, which is 4 months after I left the country, I left in May, 2010)4) When should I contact P2PS limited - the letter I got from them last week says I have to get in touch with them with in 7 days to avoid any further enforcement action. Should I fill in the application form to set aside the ccj and send it to the court and then contact them to say that I have applied for the ccj to be set aside? and should I ask them to send me the details of the loan - money borrowed, how much I owe, when the account was marked as default etc? (because I dont have these details)Your speedy response will be much appreciated. Many thanks
Expert:  Jo C. replied 9 months ago.

Thanks.

1 I'm not sure you have a realistic chance of that. Come what may, you owe something. You can apply for redetermination of the amount and you might well win that but getting the CCJ set aside is not likely.

2 On the facts you are describing above, there is no basis to do that. You do owe the money and the summonses were sent.

3 That doesn't really arise for the reasons above.

You can apply for redetermination and then pay in full although there would be some costs. Then you could get it marked satisfied but there isn't a basis to remove it completely.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Thanks. If I decide to apply for the ccj to be set aside, I understand that if it fails, I will need to incur additional costs (apart from the £155 court charge I have to pay) Can you tell me how much extra costs I will have pay ? (court fee for the claimant ?)
Expert:  Jo C. replied 9 months ago.

It should just be £155.

I suppose if they send somebody to object then they could try to claim costs but it is not likely to succeed.

Customer: replied 9 months ago.
I just spoke to P2PS limited and checked with them if they will agree to set aside the ccj from their end if I agree to pay the amount in full. I was told that they will not be able to do it from their end (even if I agreed to incur their legal costs). But they told me that after I pay the amount in full, I will be able to apply to set aside the judgement and they will agree not to oppose it. I wanted to know if I will still be eligible to apply for the ccj to be set aside after I make the payment in full (under the grounds that I was not aware of the proceedings as I was out of the country and the fact that will not oppose it)
Customer: replied 9 months ago.
the fact that THEY will not oppose it)
Expert:  Jo C. replied 9 months ago.

.

Expert:  Jo C. replied 9 months ago.

Are you sure they mean they will agree to it being set aside? It isn't that simple.

Expert:  Jo C. replied 9 months ago.

Not that it is within their gift anyway. You have to show proper grounds.

They might well agree to it being marked satisfied but that is a different point.

Expert:  Jo C. replied 9 months ago.

Being unaware of the proceedings isn't a ground to set aside the CCJ unless the summons went to the wrong address.

Expert:  Jo C. replied 9 months ago.

If they will accept the summons went to the wrong address then you would have a claim.

Customer: replied 9 months ago.
Hi, they said they wouldn't oppose if I apply for the judgement to be set aside from my end (after I pay them the full amount). My question is, will have a fair chance of getting it set aside if they don't oppose ?
Expert:  Jo C. replied 9 months ago.

Don't fall for that. They may not oppose but that doesn't mean it will succeed.

I'm not sure I see a ground at this stage.

That is not to say that one doesn't exist but you are not describing grounds