Recieved CCJ - Payment due but would like to contest

[SomeonesSon]

Hi All,

I've just been handed a CCJ letter (headed 'Judgment for Claimant'?) my step farther was issued which has a payment due date of today.
For some reason or other he didn't say anything about it so this is the first I've heard, he's now shown me then claim for, which he ignored.

Anyway...

The amount is for roughly £1200 at £50 a month, the first of which is due today.

The problem is that I'd like to contest this, I don't know what it is, and he 'thinks' its a credit card 'from a while ago', the last card I knew he had is from a long time ago so possibly over 6 years meaning this is status barred if I'm correct?

I don't want to make anything worse and would rather not have bailiffs at the door so my question is, do I make the payment today to keep with the CCJ or does that cause a problem when trying to contest?

If I can at least find out what the debt is for I'll at least know what we are actually paying.

Thank you.
Tony

[FlamingParrot]

Re: Recieved CCJ - Payment due but would like to contest

Hi All,

I've just been handed a CCJ letter (headed 'Judgment for Claimant'?) my step farther was issued which has a payment due date of today.
For some reason or other he didn't say anything about it so this is the first I've heard, he's now shown me then claim for, which he ignored.

Are you positive that he received a claim and it was ignored? Is there any chance he may not have received it? Because it that had been the case, he could have grounds to apply for set aside.

Anyway...

The amount is for roughly £1200 at £50 a month, the first of which is due today.

The problem is that I'd like to contest this, I don't know what it is, and he 'thinks' its a credit card 'from a while ago', the last card I knew he had is from a long time ago so possibly over 6 years meaning this is status barred if I'm correct?

It would be SBd if there were no payments or written acknowledgment in the past 6 years.

I don't want to make anything worse and would rather not have bailiffs at the door so my question is, do I make the payment today to keep with the CCJ or does that cause a problem when trying to contest?

If I can at least find out what the debt is for I'll at least know what we are actually paying.

Thank you.
Tony

While it's true that a creditor who has obtained judgment can use bailiffs as a method of enforcing a judgment, they would have to apply to the court for a warrant of execution, so they won't be turning up this weekend.

[FlamingParrot]

Re: Recieved CCJ - Payment due but would like to contest

You guys may want to look at applying for set aside, see below:https://www.nationaldebtline.org/EW/...t/Default.aspx

Default judgment

You may have a default judgment made against you where there was no hearing and you have not sent back the ‘acknowledgment of service’ form to say you intend to put in a defence. You may also have a default judgment made against you if you have not sent in the reply form asking for time to pay within the time limits.
When must the court set aside the judgment?

The court must set aside the default judgment if you:

• have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment;
• sent back the acknowledgment of service form within the time limit;
• put in a defence within the time limit; or
• sent in the reply form within the time limit asking for more time to pay.

The court must set aside the judgment in these circumstances, even if you do not have a defence.
There is no time limit for making an application on these grounds.
When is it up to the court to decide?

The court may agree to set aside the default judgment even if you did not send in a reply form within the time limit if:

• the court thinks you have a real chance of a successful defence to the claim; or
• the court thinks there is some other good reason why the judgment should be set aside.

There is no time limit for making an application on these grounds but the court will look at whether you made the application ‘promptly’.

good reasons for setting aside

If you did not deal with the papers or go to a hearing because you were ill, in hospital or away and have a defence then this may be a good reason to set aside a judgment.

The court may agree to set aside the default judgment even if you did not send in a reply form within the time limit if:

• the court thinks you have a real chance of a successful defence to the claim; or
• the court thinks there is some other good reason why the judgment should be set aside.

There is no time limit for making an application on these grounds but the court will look at whether you made the application ‘promptly’.

He'd need to submit an application on an application notice (N244), and send it to the court. There is an £80 court fee which can be waived in certain circumstances. Form ex160a provides full details.

[SomeonesSon]

Re: Recieved CCJ - Payment due but would like to contest

Once again FlamingParrot,

Thank you! :tinysmile_grin_t:

He waved a letter at me earlier that I assumed was the claim form, I'll check later when he gets back.

I'll apply so we can at the very least find out what it is.