CCJ issued with no knowledge, following an Employment Tribunal Cost Award

[inspecta101]

Hello I wonder if anyone can help.

I have over the past 2 years been dealing with a rather complex and litigious employment tribunal claim. It was a former employer who owed me monies (£300k), liquidated a company and formed a new company in order to continue trading. However the result of one of the hearings was that I was told to pay costs to the second respondent, as there were no TUPE grounds they had begun trading at that time. The judgement was made on the 18th September 2023, and after the 42 days to appeal, I explained i would need to make arrangments to pay the amount.

The Respondent emailed the court on the 24th November 2023, as follows:

"We have now passed the 42 day deadline for you to appeal the judgement and award of costs. You have not done so. I have therefore passed the file to the Penalty Enforcement Officer today for them to contact you. Following which if there is still no response I will pursue through the courts and if necessary, seek a warrant of control which gives court enforcement agents the authority to take goods from your home or business.
You still have an opportunity to pay the award of £2,500 plus interest at 8% pa (which assuming compound interest currently stands at £2,523.12) into the following account to prevent further action and costs. I do urge you to please pay immediately."

However today, i have received an Notice of Enforcement from a High Court Enforcement company, Wilson & Roe, advising that a County Court Judgement was made on 12th October 2023 for the amnount owed. But it appears they have already applied to Manchester County Court, CCJ dated 12/10/2023, whereby i have a claim number stated, but cannot see on my credit file.

In addition, I have never been issued any paperwork for a CCJ in this matter and assume it has been done in a manner that i was not allowed to appeal or discuss the case. I assume that they have deliberatley issued the Court Claim to an old address of mine, which I haven't been at for 3 years. What can i do? Any help would be really appreciated.

I am currently unemployed and have no savings, and can't afford to pay bills for my family, let alone deal with people that owed me unpaid wages for over 3 years, along with 2 years of court time.

thanks Ben

[inspecta101]

Hello all, so I have started to prepare a N244 against this CCJ, as the Claimant made the court filing during the appeal process with the Employment Tribunal and did so by filing to an unknown service address.

Firstly, the Claimant filed the court claim on 12/10/2023, the day at which the ET issued the judgment and instructions to appeal, which gives 42 days for the Claimant to make an appeal against the award. Therefore, breaching the Employment Tribunals Rules of Procedure 2013, and in particular s37B, 3b-d, and the Defendants rights to appeal and therefore cannot enforce the claim.

Secondly, the Claimant had been writing to both the Defendant and the ET Judge to advise they would be looking to enforce the claim via the Penalty Officer on 24/11/2023 acknowledging the 42 days, when they already and knowingly had applied to the county court on 12/10/2023.

Finally, the Claimant has knowingly issued the county court claim to an address that the Defendant does not reside at. The correct service address for the Defendant was listed on the existing ET court correspondence, and yet they deliberately issued to another address, knowing I would not receive the court documents, in breach of CPR 6.23.

I have still not been able to obtain a copy of the CCJ as yet, but will try with the county court listed when they reopen. Hopefully I will be able to confirm that the Claimant did indeed use a false service address.

On the N244 I have also included along with a satement of case, the ET Service Letter (12/10/2023), and email by which it was issued by the ET, along with the correspondence from the Claimant, that they "I have therefore passed the file to the Penalty Enforcement Officer today for them to contact you. Following which if there is still no response I will pursue through the courts and if necessary, seek a warrant of control which gives court enforcement agents the authority to take goods from your home or business." on 24/11/2023. When they knowingly had already applied to the courts on 12/10/2023.

I will be asking that the court set aside the CCJ, and possibly request it to be struck out, as it was obtained in a manner that the following is applicable, CPR 3.4(2)(c) on the basis that it appears to the court there has been a failure to comply with a rule, practice direction or court order.

The statement of case is below.

Thanks Ben

[inspecta101]

1. The Defendant discovered the claim XXXXXX (12/10/2023) from a Notice of Enforcement from a High Court Enforcement company on 22/12/2023.

1. The Defendant has not received any copy of the Court Claim (XXXXXXX) so is unaware of any of the allegations made in the Claimants statement, and is unable to provide any clear Defence, unless specifically admitted in this Defence.

1. The Defendant had not received any Letter of Claim or Claim Form, so the Defendant cannot verify if the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

1. The Claimant has knowingly serviced the Court Claim (XXXXXXX) to the Defendants old address (3 plus years), to prevent the Defendant from appealing the Claim in breach of CPR 6.23.

1. The claim appears to be a Judgment on Costs award in relation to an Employment Tribunal case (XXXXXXXXX), that was ongoing at the time of the Claim being issued to the court. It is admitted that the Defendant has knowledge of the Judgment on Costs, and had intended to appeal the decision.

1. The Employment Tribunal issued a Judgment on Costs on 12/10/2023, as the date of service (attached), which gave the Defendant 42 days to appeal the judgment, as per the Employment Tribunals Rules of Procedure 2013.

1. The Claimant has knowingly made a claim to the court during the 42 day period at which the Defendant was looking to appeal the Judgment on Costs, in breach of the Employment Tribunals Rules of Procedure 2013.

1. The Claimant has failed to comply with The Employment Tribunals Rules of Procedure 2013, s37B, 3b-d, and the Defendants rights to appeal and therefore cannot enforce the claim.

1. The Claimant wrote to the ET and Defendant on 24/11/2023 acknowledging that the 42 days had passed for the Defendant to appeal the Judgment on Costs, and that he would be passing the file to the Penalty Enforcement Officer on that day 24/11/2023.

1. The Claimant had knowingly withheld the information in relation to the Court Claim (XXXXXXXX) from both the ET and Defendant, as indicated by the Claimants correspondence with the ET and Defendant on 24/11/2023.

1. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed at the time the claim was made.

1. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

1. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
2. The Defendant requests that the court strike out under CPR 3.4(2)(c) on the basis that it appears to the court there has been a failure to comply with a rule, practice direction or court order.