CCJ problems

[Luckyleaf]

I recently had a claim issued against my sole trader name it was a defended claim that was supposed to go to mediation but then it wasn't available. 2 weeks later I recieved an order through the post and the hearing had gone ahead without my knowledge, I phoned the court to inform them and the said the judgement had been made in my absence and if I didn't agree with it I should file a N244 to have the order set aside this would cost £155, as it was a part defended claim (300) of the claim I decided not to go ahead with it...

my order has the claimants name on it plus my sole trading name listed as the debtor. There is no mention of my name or a T/A on any court documentation or MCOL application. I have tried to get the creditor to take 4 equal payments to satisfy the debt but they said No they want full payment .... They now have high court enforcement officers executing a Writ of control which is adding about £1600 to the debt so far ... My question is as my sole trading name is only shown on the CCJ should I take steps to have the judgement set aside as I'm not sure how they can execute this writ being that my T/A name is not a legal entity ...

[SPQR]

Re: CCJ problems

You are right in that your Trading Name is not a legal entity. Instead the debt is owed by yourself.

The fact that the County Court Judgment is in the trading name is only a technicality. If you tried to get it set aside, I think it is highly likely that they would just incur further costs. Also if the CCJ was transferred to your own name it could have credit implications.

I understand that the possibility of a Writ of Control is not pleasant. I'm afraid all I can suggest is making a offer to pay in instalments

[Luckyleaf]

Re: CCJ problems

You are right in that your Trading Name is not a legal entity. Instead the debt is owed by yourself.

The fact that the County Court Judgment is in the trading name is only a technicality. If you tried to get it set aside, I think it is highly likely that they would just incur further costs. Also if the CCJ was transferred to your own name it could have credit implications.

I understand that the possibility of a Writ of Control is not pleasant. I'm afraid all I can suggest is making a offer to pay in instalments

Thanks for the reply,
So the court can just 'transfer' the order into my name ? Would this then mean that the old order would be set aside? And then I would receive a new order which if paid within 28 days would potentially not be registered against me.

[nemesis45]

Re: CCJ problems

How do you identify your business on bank accounts/tax/Vat e.g. " Luckyleaf Trading as XXXXXXXXXXXXX."

nem

[Luckyleaf]

Re: CCJ problems

How do you identify your business on bank accounts/tax/Vat e.g. " Luckyleaf Trading as XXXXXXXXXXXXX."

nem

Everything is luckyleaf T/A XXXXXXXX

[wales01man]

Re: CCJ problems

Seems likely that's the CCJ in your name against your credit history unlike a LTD> company T/as is you not a separate legal entity.If its been over 28 days and the CCJ is unpaid it will show as a black mark against you

[Luckyleaf]

Re: CCJ problems

Seems likely that's the CCJ in your name against your credit history unlike a LTD> company T/as is you not a separate legal entity.If its been over 28 days and the CCJ is unpaid it will show as a black mark against you

Ive checked my credit file and there is no entry for the CCJ, and the order only has my trading name on it

[wales01man]

Re: CCJ problems

Until you try for some sort of credit you may never know if it affects you in your name seems strange its not in your name others can maybe advise on the whole legal aspect

[wales01man]

Re: CCJ problems

Have you checked the register of CCJs at Trustonline?

[Luckyleaf]

Re: CCJ problems

No I havnt tried checking that yet, I want to get it paid off and the HCEO won't except instalments even though I have offered £300 pm and have paid 1 payment, they just want to keep enforcing which has now risen from £1000 to £2600 :-(. However since informing the HCEO that he is trying to enforce a debt in my sole trading name.....I havnt heard anything from them in 10 days now

[nemesis45]

Re: CCJ problems

Hi,

In that case there is no need for " a change of claimant " on any court documents as the " Trading Style " is clear as to who is the proprietor of the business.

nem

[tonye]

Re: CCJ problems

Apply to Court for time to Pay and make an offer of a montly Payment it might help?

[Amethyst]

Re: CCJ problems

If the judgment is forthwith, which it appears to be then you can apply to have the order varied. This will, again, cost you an application fee but it should be the 'without a hearing' fee of £50. If you'd been able to do that within 7 days it would be without charge. I think you were probably correct in not trying to set aside the judgment, however it is a little concerning that you weren't notified of the hearing date ? and having the hearing would have enabled you to put you proposals for payment in, as well as potentially defend the £300, and have it all set by the court - thus avoiding the situation you are in now ( I know that's a bit hindsighty sorry xx )


Once you apply it will put a hold on the warrant of control so you can sort out an installment offer, have it set by the court and then further enforcement can't take place unless you default on the payments ordered by the court. Have a look at form N245 anyway ( http://hmctsformfinder.justice.gov.u...t_forms_id=486 )

To encourage the claimant to accept your £300 a month offer (without having to actually make the application) - you could tell him you are applying to vary the order to installments and it is likely to be less that your offer as it will be based directly on your income and expenditure.

[tonye]

Re: CCJ problems

Courts are funny things a little bit of land we have had a stopping up order legally registered extinguishing all public and highway rights for the last 100yrs The Court reinstated the rights this is why I am trying to get the Transcript so don't be surprised what can happen at court even when you areright

[Amethyst]

Re: CCJ problems

Did someone file an objection to your stopping up order then?