CCJ judgement given to me when claimant lied about closing case before hearing date

[Stuyerby]

Hi All
I am desperately after some advice. I have had a CCJ judgemnt set on my credit history in November last year. This CCj was via a small claims court by an individual who failed to fullfill a contract i entered into for some work we wanted done on our website, On the inital request for refund it was ignored back in august, In October i managed to obtain a full refund for services not received via paypal, his payment merchant, the company had 10 days to respond to our claim to which they ignored and paypal ruled in my favour.
Not two days after, we recieved an email of an attachement from the company taking us to small claims court for the total amount of the contract +fees. The attachment didnt look official and based on his contduct already i didnt accept that this file was genuine but more or a bullying techniquie, the company also stated that hard copies would be in the post to the address that he held on file for us, despite moving out of that rental property in August, We recieved this email in November. The comany has been made aware that we no longer lived at this address and they responded thats tough luck for us, and acknolwdelging i had got their pdf attachement was enough to say i had recieved it.
The next day i entered into a conversation with the company to come to an amicable agreement to have this matter settled and not go to court. I have never been taken to court before, and i didnt want to start now. I have an email from the compant telling me that if i made a BACS payment for £480 he would accept that and end the case immediaetly so long as we made payment before the 13th of november. On the 9th of November, we made payment and never ever recieved a confirmation that he had recieved the money and closed the case, even after approx 20-30 requests.
We were ignored and ignored and then i rcieve a an email of a self typed cease and disist order saying i cannot contact him. !!!

On new years eve i recieved a ping from clear score saying i had a major credit change and sure enough there it was a CCJ for £780. He never closed the case. We have a copy of the email for the agreeemnt to close the case, we have a copy of the bank statement showing the transaction.

We then seeked legal advice from a local firm who said they would help, we paid £600 on account and yesterday received an invoice for £1200 for works currently undertaken, Al they had done was speak to the other side and informed them that they had obtained a judgement that was not honest, he had lied in his statement of truth and mis lead us into obtaining money only not to close the case but still claim the full value.
The company responded saying they confirm that they had recieved the money but they had stated that there were other stipulatons that hadnt been met in the agreement so they didnt close the case.

The only stipulation in the agreement and i have proof is that money was paid before the 13th. He changed his mind and dishonestly claimed against me and hasnt notified the court of the £480 we paid.

We cannot afford to spend another £2000 to the solictor to submit a n244 when we can do it ourselves with all the relevant evidence of end of tenancy, agreements, payments, and poor conduct from the other side.
I have no idea how to write this form out in a way that will draw the judges attention to the company obtaining money before the court date and not disclosing it, lying in a statment of truth and his general conduct, he knew we didnt live at that address and he knew it would be given by default.

So at present i am £1200 down to a solicitor, £480 to the company who failed to tell e they had it or close the case, so im already £1680 out of pocket and still have a ccj for £780 against me.

Please can someone help me word a statement and give me the correct terminology for the form. I cant let this guy get away with this, i am not the only one, i see multiple reviews on the guy doing the exact same thing.

can anyone advise me.

Many Thanks

Stu

[Amethyst]

Gracious. What a nightmare for you.

So your solicitor didn't even get to filing a set-aside application ? Did the Solicitor look over all of your evidence regarding making the payment to the claimant ? and that he knew of your change of address before filing the claim ?

Are you a limited company or an individual ? ( who contracted with the claimant originally and who is the claim against ? )

We have a copy of the email for the agreeemnt to close the case,

Might be worth posting that up.

[Stuyerby]

Thanks for your response
No the solictor has not done anything apart from notify the other side that we are seeking legal action for the ccj being placed in error due to not fulfilling his side of the agreement that he set in place to end the matter!
I have attached the two emails from the other side showing that the agreement had been made and that payment had to be made by the 13th November which it was we also have a copy of this bank transfer and we also have written confirmation from our solictor from their conversation that he had received the money!
The other side are had stated to our solictor the reason they did not remove the case is because they requested a review we left of the company about our experience with this company and individual! You will see that there is noting in the email that states that this review needed to be removed for the case to be closed!
as mentioned above he received the money and then chose to ignore us from them in knowing bag a default would be given due to not showing !
Hole thisnhelps. I’d really like to get this form filled out and sent off and then if there is away for me to recover the court costs and solicitors fee I have had to pay out for the inconvenience of having to prove I have done everything asked of me!

i am a sole trader and the original contract was with me and the company.
Our solictor has reviewed our bible thick document of all emails back and form and evidence of payment and ignored emails when requesting a confirmation of the payment being received and the case dropped!
The solictor has stated that we have a rock solid case to have the ccj “set aside” however they want to charge me £900 plus vat to make a case statement and then an additional £250 in top for the court application, like I said that seeing as they have already issued an invoice of £1200 to just review the case file and evidence and to contact the other side I simply cannot afford to pay an additional £1500 plus.
We have been told by others that we can argue this case ourself by submitting the n244 form ourselves and presenting the evidence in court along with the confirmation our solictor obtained of him confirming to her that they had received our money before the agreed date!
I cant post the files on the thread yet from my phone due to re sizing issues but when I get in I will attach.
its our understanding that we need to word our form correctly for the judge to take the case seriously and not dismiss it due to incorrect wording!

The way we see it is we told the comoany before he issued issued his email with an attachement for the court case , that we had moved house . We also have confirmation for then agency we rented through showing we had moved it 2 months prior. Due to the nature and conduct of the company we believed that this document was fake as it was missing dates and information. And also with a huge water mark over the top saying reference only! We have never and still to this date recejved official paperwork from a court!
We also have the evidence that an agreement was made between us and them to stop this action immediately if payment was made before a specified date, to which we agreed!
I feel that I have been cheated to pay him Money for work that was not Carried our in the original contract under the promise of closing the account! Then on receiving that money then chose to ignore us and then issue a cease and disisit order via email so we can’t contact him. Surely our payment should have been disclosed at the court hearing.

Our evidence is undisputable in the eyes of
our
solictor , we just can’t afford thousands of fees tomprov our innocence!

[Amethyst]

You can email me the letters if you like, if it's easier - admin@legalbeagles.info Set Aside Application

is some basic info about setting aside for the moment.

[Amethyst]

I can still see your post and the attachments but I have moderated it for now until I can edit it as the email addresses were on there, I have to go out for a while but will reply a bit later, but on first look that is pretty damn clear !

[Stuyerby]

Thank you so much, it’s such a relief to hear from someone else that I am 100% in the right here! Surely I must be able to get this set aside and look to have the judge cover my costs I have had to incur for him negating on the agreement!
I look forward to hearing back from you. I will also send you an email to your address if there is anything else you need from me
thanks for your assistance!

[Amethyst]

Sorry I didn't get back on yesterday, Parents evening then signing son up for college .. went on longer than expected.
For future reference if you agree a settlement with any claimant ( or defendant ) then get a formal consent order drawn up ( you can do it yourself if you look up Tomlin Orders ( some examples here http://legalbeagles.info/forums/foru...-credit-claims )
So your set aside application ( I don't know why the solicitor didn't recommend going ahead with that, did he give any reason, or was it simply the additional cost ? )
So you need form N244 https://formfinder.hmctsformfinder.j...k/n244-eng.pdf
and £255

Box 3

An order that the Judgment by Default for Claim XXXXXX dated xx/xx/xxxx be set-aside and the claim dismissed because the parties agreed terms of settlement and the agreed settlement was paid before the Judgment was awarded.

and in any event before 28 days... ( not sure if to put that in )

Box 10
The attached Witness Statement


Then do the Witness Statement something like this to start with....

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX
_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant/Applicantin this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I received the claim on xx/xx/xxx

4. On xx/xx/xx .......... ( I contacted the claimant ) (EXHIBIT A)

5. On xx/xx/xx I received offer full final settlement of xxxxtermsxxxxx ( EXHIBIT B)

6. On xx/xx/xx I made the payment of £510.00/£480 ?? by Bank Transfer to the Claimant's account ( EXHIBIT C )

7. On xx/xx/xx I confirmed to the Claimant that the payment had been made and he should inform the court of the settlement. (EXHIBIT D )

8. On xx/xx/xx

6: On XXXXXXXXXX 2018 my Solicitor, xxxxxxxxxxxxxxxxxxxxx, made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

7. The Claimant did not respond to my request / turned down my request.

8. I therefore ask that the Court sets aside the judgment and dismisses the claim.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated: ________________________________

Then a Draft Order, which is straightforward but do the WS first.