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Default CCJ: Paying the claimant & aiming to get it back when judgement's set aside

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  • Default CCJ: Paying the claimant & aiming to get it back when judgement's set aside

    Hi All
    I wonder if anyone has any experience or knowledge relating to this. If so, any insights / info would be much appreciated.

    I learned recently that I'd received a default judgement. I never got the court papers (moved address).

    I've shared the details and documents with a law firm who look quite promising and experienced with this sort of stuff and they say I have a good case for having the CCJ set aside.

    The date of the default judgement was 25th August. It says if I pay by 24th (tomorrow) I can get the judgement removed. Our credit ratings (wife and I) have already taken a big hit, and we want to repair them.

    The law firm have suggested an approach where I pay the claimant now, but say that I'm doing it under duress / protest (just to protect my credit rating) and I don't acknowledge the debt, and let him know that I will be applying for the judgement to be set aside. They say that they can ask for a court order for him to repay the money to us as part of the setting aside application.

    They say they have done this before and it should work (although actually getting the money out of him might be a separate challenge).

    Another law firm I spoke to yesterday though advised me strongly not to do this because as soon as I pay, then (in line with the judgements being removed from our credit files), the judgement is marked as settled and we lose our right to make an application. However, this person was clearly junior and inexperienced, and solicitor in the first firm is clearly not - she seems to have lots of wins under her belt.

    Does anybody have any knowledge of this being done??

    If I am going to do this (pay the claimant to protect our credit ratings) I need to do it very soon. It's a significant (to us) amount of money.

    I am hopeful of our chances of a set aside. I believe the claimant is going after the same people elsewhere with a similar approach and they are winning against him.


    Thanks

    Paul
    Tags: None

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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