CCJ - Didn't receive papers

[mrcraig]

Hi

I have received a CCJ, but I didn't originally receive the papers so couldn't defend.

I was chased by baliffs a little while ago, then today have received an email direct from the firm in a "bid to resolve voluntarily" otherwise they will consider filing for bankruptcy if we don't pay in full y Wednesday 1st April

It is for charges following some legal work from a solicitors - but the work wasn't completed and we were ill-advised.

What can I do??????????????????

[mrcraig]

Re: CCJ - Didn't receive papers

Hi

I have received a CCJ, but I didn't originally receive the papers so couldn't defend.

I was chased by baliffs a little while ago, then today have received an email direct from the firm in a "bid to resolve voluntarily" otherwise they will consider filing for bankruptcy if we don't pay in full y Wednesday 1st April

It is for charges following some legal work from a solicitors - but the work wasn't completed and we were ill-advised.

What can I do??????????????????

anyone?

[nemesis45]

Re: CCJ - Didn't receive papers

Good evening.

First give us a full picture of what this is all about.
When was the judgement made?
What have you done so far?
How much is allegedly owed?
To set aside the judgement you can use the non receipt of the claim to partly justify a set aside, but you will need a defence to the original claim.
I sounds like the claimant is going to issue a Statutory Demand the first step on the process of Bankruptcy.

nem

[mrcraig]

Re: CCJ - Didn't receive papers

Hi

They were completing some work for us, however they did not complete the job and we had to then employ a different firm to complete

Apparantly a CCJ was made in October 2014 which we knew nothing about and it is on my credit file

They have now contacted us direct basically telling us to make payment by close of play on Wednesday 1st April otherwise they will consider a bankruptcy petition

Does that help?

[wales01man]

Re: CCJ - Didn't receive papers

Don't solicitors charge by the hour so they are claiming for the hours worked?

[mrcraig]

Re: CCJ - Didn't receive papers

Don't solicitors charge by the hour so they are claiming for the hours worked?

It was a fixed cost service £750+VAT, but they never completed the work. I had to find another soilcitor - what made matters worse was I found out from the other party!

[nemesis45]

Re: CCJ - Didn't receive papers

Fixed price service is often used to limit the sometimes extortionate hourly rates, but often such matters get left " as money/time runs out.
If this has happened here a complaint to the SRA is in order.

nem

[dan_1207]

Re: CCJ - Didn't receive papers

Getting the Judgment set aside will be extremely difficult.

I recently acted for a landlord resisting an application and successfully argued that, following Sarnia V MBI [2014] EWHC 563 (QB) the stricter approach as a result of the Jackson reforms applies equally to Civil Procedure Rule 13 and in light of that, refusing to grant an application in this case would likely be found to further the Overriding Objective, particularly CPR 1.1(2)(f).

My best suggestion would be to make a payment plan with them.