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Hi Forum - I'm a newbie, so please be gentle... :reindeer:
A company we deal with owed us over £7k. We filed a small claim using their registered address. We heard nothing from them and received a default judgement. We then filed a TPDO and the Interim Order was granted and the relevant funds in their account frozen (a day or so ago). I don't think they know that their funds have been frozen yet, because:
1. they have since changed their registered address
2. sent us a letter saying that they are going to get the CCJ overturned
My question to Legal Beagles (or anyone with any comments at all....) is - how easy is it to get a CCJ overturned... From my online reading it doesn't look like that will be an option for them but I have very limited (only this particular case) knowledge of the whole small claims system... Supposing for a minute that the judgement debtor has a long standing/close friendship with a hotshot lawyer - I'm sure this isn't the case...but - in theory, is there any possible way of overturning...if all details on the original claim were 100% correct?
Also, at the TPDO hearing...is it the case that the judge is simply checking really on the *admin* side of things... He/she is looking to ensure that all parties/accounts/debts are relevant and correct......rather than the hearing being a chance for the judgement debtor to re-hash the details of the original claim and try to put forward reasons why the judgement amount isn't owing? The debt relates to unfinished work - so in their case, surely they can't at this stage go to the hearing and claim that in their opinion, the work was finished etc etc....thereby giving the judge the job of pretty much making a decision *about* the small claim details themselves...?
Thanks in advance for all input.
Gwynnie
A company we deal with owed us over £7k. We filed a small claim using their registered address. We heard nothing from them and received a default judgement. We then filed a TPDO and the Interim Order was granted and the relevant funds in their account frozen (a day or so ago). I don't think they know that their funds have been frozen yet, because:
1. they have since changed their registered address
2. sent us a letter saying that they are going to get the CCJ overturned
My question to Legal Beagles (or anyone with any comments at all....) is - how easy is it to get a CCJ overturned... From my online reading it doesn't look like that will be an option for them but I have very limited (only this particular case) knowledge of the whole small claims system... Supposing for a minute that the judgement debtor has a long standing/close friendship with a hotshot lawyer - I'm sure this isn't the case...but - in theory, is there any possible way of overturning...if all details on the original claim were 100% correct?
Also, at the TPDO hearing...is it the case that the judge is simply checking really on the *admin* side of things... He/she is looking to ensure that all parties/accounts/debts are relevant and correct......rather than the hearing being a chance for the judgement debtor to re-hash the details of the original claim and try to put forward reasons why the judgement amount isn't owing? The debt relates to unfinished work - so in their case, surely they can't at this stage go to the hearing and claim that in their opinion, the work was finished etc etc....thereby giving the judge the job of pretty much making a decision *about* the small claim details themselves...?
Thanks in advance for all input.
Gwynnie
