CCJ entered but debt paid

[Michelle D]

Hi everyone

My husband and I bought an apartment when we both had good jobs etc. It was supposed to be our retirement fund lol. Anyway we have got into financial difficulties since then and have struggled to keep mortgage payments and the service charges paid. We were doing ok until the management company changed two years ago. The original management company was a joy to deal with - they sent a full statement of the service charges due including breakdown of costs appropriated.

Roll on two years and we have yet to receive a full breakdown of costs from the new agent. They are suing the old agents (for what we are not sure) and have heaped on legal costs etc to the service charges so they now amount to £1800 per year not 1500 which is what we were paying (started paying 1000 in 2004.)

Long story short, the solicitors for new management company issued proceedings for one years worth of service charges - they said it was £1800. When the court papers arrived they were for circa £3600 (they lumped in the two years due together). We disputed the claim, filed the paperwork, kept proof of postage but the court awarded a CCJ for £1832 on the basis we didnt defend the action.

We went back to court to say "here is our proof of postage etc - we believe we should pay circa 1500 - we don't think we should pay for legal costs when we dont know anything about why they are suing the previous management ages. We paid £1500 to the solicitors and they cashed the cheque.

THE court awarded a judgement and entered it onto the register with a day of 10th July. The CCJ is for the amount we paid i.e 1531 - it is registered as unsatisfied. So my question is

1) Why did the Court register a CCJ when they have proof of payment?

2) Can we get this CCJ removed from the register as we have already paid in full prior to the date of registration

3) Does the fact that the court awarded a judgement of £1531 to the claimant mean that the court has disregarded their claim for two years worth of service charges.

4) what happens now with regard to the second year of service charges? Can the solicitors start legal proceedings again for the second years costs (for which we have no paperwork at all only a figure on the court papers) although they issued court papers for the two years combined?

Any help or guidance would be really appreciate.

[wales01man]

Re: CCJ entered but debt paid

Was it paid within 28 days from date of judgement?

[Amethyst]

Re: CCJ entered but debt paid

When was the original default judgment?

When you went back to court were you applying to set aside the original judgment ?

It may be that the original judgment was never set aside, just varied to the new judgment amount, in which case it would have been registered 28 days after the original judgment and the new judgment wouldn't have had an effect other than on the amount.

I'm a bit confused as to how the 'default' judgment was entered for anything other than the amount claimed. Could you have made a partial admission, or did your defence state you were only liable for one years payments?

It may help if you post a copy of the general form of judgment or order that you have recieved (or both of them if you still have the original one)


With regards the CCJ register.

How do I apply for a Certificate of Satisfaction?

Once the court has confirmation from the claimant's solicitor that the debt is paid in full, we will mark our records to confirm it is cancelled or satisfied. You may then apply to the Court for a certificate of satisfaction or cancellation. You may have to pay a court fee for the certificate. For more information about fees, please refer to booklet EX50 – Civil & Family Court Fees (High Court and County Court). This booklet lists the most common civil and family fees.

[Michelle D]

Re: CCJ entered but debt paid

thanks Walesman - it was paid prior to the judgement being entered.

Sorry I lost my internet connection:

This is what happened:

We were trying to negotiate a monthly payment arrangement with the solicitors.

1) They issued a letter before action for the £1800
2) We asked them to accept monthly payments
3) They ignored above request and court papers were issued - the amount stated in court papers was £3600
4) We filed a defense - we admitted that we owed money but suggested £1532 and also said court action shouldnt include second years figures as we had no paperwork at all on same.
5) Court replied to say that as no defence entered a judgement was being entered for £1800
6) We rang court to say that we had filed defence. Court Clerk put all on hold (no entries made on trust register) and asked us to provide proof of postage.
7) We paid solicitors for other side £1532 (we never tried not to pay - but we want to pay whats due not made up figure) and they cashed cheque
8) In our letter to Court, we included proof of postage with regard to original court papers and also proof that payment had been made.
9) Received letter from court saying that the Judgement for 1832 was set aside as it had been granted in error. The judgement to be entered in favour of claimant in the amount of £1531.27 payable in 14 days.

I have letter on pdf as I dont live in UK - all correspondence going to house my husband lives in.


Not sure what to do next. Have checked trust registery and it is listed on there as unsatisfied.

Thanks a mil for all the help :-)

[Michelle D]

Re: CCJ entered but debt paid

Did a search on TRUST Online -

County court money claims centre Case no xxxx Date: 10/07/14 Amount £1531 Status unsatisfied judgement

[wales01man]

Re: CCJ entered but debt paid

Plenty of help from others on here to come.

[Amethyst]

Re: CCJ entered but debt paid

Okay that makes a bit more sense, although very odd the court entering default judgment for £1800 if they hadn't received the defence, as they have passed judgment on one year as per your defence.....weird.....

Anyway you have confirmation in writing that the judgment was set aside so any entry should ony be dated from the new judgment, and that was paid within 14days so shouldn't be on the register at all.

Have you spoken to the claimants solicitors about this? They need to tell the court it has been paid and should be marked as satisfied, but should also tell the court that the original judgment was set aside and the new judgment was on XXXXXX date and paid in full within 14 days.

[Michelle D]

Re: CCJ entered but debt paid

Thanks Amethyst :-)

I cant sort out of the pdf so copied it

It has court reference and my name and address and then it says this

Upon it appearing that the judgement entered in default of the filing of an acknowledment of service and/or defence in the sum of £1812.54 was issued in error.

It is ORDERED THAT the judgment be and is hereby set aside.

Judgment be entered in favour of the claimant in the sume of £1531.47 payable in 14 days.

The letter is dated 10/07/2014 which is date on Trust Online.

The solicitors for the other side are so difficult to deal with . They have accused us of lying about paperwork received yet they weren't able to produce copies of paperwork (full statements of service charges). We have no telephone relationship whatsoever as they became very abusive telling us that lots of people hadnt paid their service charges and they were going to get judgements on everyone.

[Michelle D]

Re: CCJ entered but debt paid

The cheque for £1532 was cashed on 10 June 2014 (month prior to judgement being entered.)

[Amethyst]

Re: CCJ entered but debt paid

Ok. The amount has been paid so the Solicitors need to inform the court and the judgment should be cancelled. You're only 8 days since judgment at the moment, so maybe give the court a call and ask them how long it usually takes to the judgment to be removed after payment (if you paid by cheque I presume postage and clearance time, and the court being slow it might just not have been processed yet) and you're concerned the solicitors firm may not inform them of the payment, see what they say.

[Amethyst]

Re: CCJ entered but debt paid

The cheque for £1532 was cashed on 10 June 2014 (month prior to judgement being entered.)

Crossed posts there.

If you had paid the £1532 on the 10th of June there should NOT have been a judgment as it had already been paid. If Judgment was based on two months payments owing and one was noted as being paid you'd still have £1532 outstanding.

[Michelle D]

Re: CCJ entered but debt paid

Thanks Amethyst :-) Will do that. Trying to find international number for court now as cant ring 0300 number from outside UK.

Can I please ask you something else?

Does the fact that the court ordered a judgement for 1531 mean that they have thrown out the claim for the second years of fees? What does this mean with regard to the solicitors next option? Do they refile?

Thank you again so much. I want to pay my debts but had to give up my job due to autistic child and am struggling to make ends meet. A little breathing time will come in useful :-)

[Michelle D]

Re: CCJ entered but debt paid

Crossed posts there.

If you had paid the £1532 on the 10th of June there should NOT have been a judgment as it had already been paid. If Judgment was based on two months payments owing and one was noted as being paid you'd still have £1532 outstanding.

Oh NO:tinysmile_aha_t: How do I find out what the Judgement was based on?

[Amethyst]

Re: CCJ entered but debt paid

Ring the court, if they can't help, the solicitors. If they have judgment for £1500 that hasn't been paid they'll probably be more than happy to tell you.

If you can get the paperwork, particulars of claim, your defence, the judgments, (ask the court if they submitted anything and get that), we need to have a look.

Also that list you wrote out earlier - can you add dates to it pls. Was the original default judgment after or before 10th June?

[Michelle D]

Re: CCJ entered but debt paid

Thank you so so much. Will get the details asap. Have to deal with my husband who would rather stick his head in sand.

I wish I could send you flowers. Thanks so much.