SET ASIDE & DISMISSED mistaken CCJ

**Kati** · 19th February 2016, 11:24:AM

Re: mistaken CCJ

:bump: for [MENTION=6]Amethyst[/MENTION] [MENTION=48934]Debt Camel[/MENTION] xx

**Amethyst** · 19th February 2016, 11:28:AM

Re: mistaken CCJ

How long after the date of judgment ( the date should be on the Notice of Judgment by Default the court sent you) did you make the payment ?

**EXC** · 19th February 2016, 11:29:AM

Re: mistaken CCJ

So the hearing in March is a set aside hearing. You shouldn't have too much difficulty getting the CCJ set aside if you can demonstrate that the 'debt' was for your Ltd company and not you personally.

Just to confirm the CCJ is in your name? And what is the address on the CCJ ie your residential or business address?

**geebee** · 19th February 2016, 12:35:PM

Re: mistaken CCJ

I'm at home and the letter is at work, but very soon after

**geebee** · 19th February 2016, 12:41:PM

Re: mistaken CCJ

the CCJ has been issued to me personally in my personal name at my home address

The business was registered to my home address though and all bills used to come here - the courier used to make the collections from my high street shop from my Ltd company - I have since changed the business registration address to my shop so there is no risk of this ever happening again!

- - - Updated - - -

oh that sounds promising...
So do I literally just need to stand there and speak my case in court?
I don't have a lawyer or anything for this - do I even need one?
and what about the mess this has caused to my credit rating? I registered with experian - will it be returned to its 999 state if they remove the ccj?

**Smasher** · 27th February 2016, 10:03:AM

Re: mistaken CCJ

Your court hearing is a hearing for an application, presumably for a set aside.

I've no idea what reason u can give , since you're not actually attempting to defend the claim, but on the other hand, the other side are unlikely to protest your application, cos you've paid them..

Would av helped if u told me about this ages ago!

Get the paperwork from the shop and lets av a butchers when I get back.. x

**geebee** · 27th February 2016, 10:35:AM

Re: mistaken CCJ

Originally posted by Smasher View Post

Your court hearing is a hearing for an application, presumably for a set aside.

I've no idea what reason u can give , since you're not actually attempting to defend the claim, but on the other hand, the other side are unlikely to protest your application, cos you've paid them..

Would av helped if u told me about this ages ago!

Get the paperwork from the shop and lets av a butchers when I get back.. x

Thanks

I seem to be getting myself into a right pickle these days.... Hopefully all will be sorted next week, but what a pain!

**Smasher** · 1st March 2016, 18:40:PM

Re: mistaken CCJ

Anyone know if it's better to appeal or apply for a set aside at this hearing?
This is my sister doing this, I only found out about it last week.

I think you can only apply for a set aside if you believe you have a realistic chance of defending the claim, or if a serious injustice would result if you did not defend the claim.

She will be here around 7pm, so I'll look at the paperwork & find out what the claim says and what she has put in her N244. I'm guessing we need to do a WS for this application.

Looks like I'm going to court again on Friday. Seems like 4th is court day for me these days!

**Amethyst** · 1st March 2016, 19:00:PM

Re: mistaken CCJ

Gosh okay. Let me read back xx

**Smasher** · 1st March 2016, 19:03:PM

Re: mistaken CCJ

Well, if I'm not too late, she is saying that she never had any correspondence until the judgement notice. I'm not sure how that's possible to be honest. Plus they claimed against her personally, not her shop.

**Amethyst** · 1st March 2016, 19:05:PM

Re: mistaken CCJ

Right going back to the beginning....

You got the notification of the CCJ and very soon after you paid the money to the company - within 28 days ?

That should have prevented the CCJ being added to your credit file. It may well have been wrong to sue you as an individual but for £200 and you settled it within 28 days you should just ask the court to remove the registered CCJ and give them the evidence of payment.

You had already applied to set it aside though, which you should win as the claim was brought against you personally rather than against the Ltd company.

I would like to see the set aside application.

**Smasher** · 1st March 2016, 19:13:PM

Re: mistaken CCJ

Ok cool, she's on her way here now with the paperwork, I haven't seen it yet. I'm assuming this hearing is for the set aside, altho she says its for an appeal. We'll know shortly..
Thanks

**Amethyst** · 1st March 2016, 19:17:PM

Re: mistaken CCJ

Sounds like it from the first post. Although she could have just got told the court she'd paid the CCJ ( if she did within 28 days of the judgment) and it wouldn't ever have touched the credit file. Okay still annoying paying £200 that you didn't know was owed and being claimed from you personally rather than a Ltd company, but for £200 ... mmmm - but lets see what the paperwork says and maybe get a read outable witness statement/skeleton together for the hearing. Should be easy to get it set aside a) ltd co b) knew the right address c) had email/phone contact details etc.

**Smasher** · 1st March 2016, 20:16:PM

Re: mistaken CCJ

Hmm, I'm amazed she never told me about this until last week. It's been going on since last year. Altho, she has a ton on her plate already, with the kids and the ex, but anyway, here's what's happening..

It seems they never even entered into any pre-action correspondence, just issued a claim. I got the N244 here, I'll upload that next, we're just searching thru emails. For whatever reason, she never received the notification from the court either, although it's possible that could have ended up in the bin with the junkmail. This company ceased trading in her area due to lack of customers in the area, so she was unaware she owed them money.

Hi Mark

This is going to have to go to court, because you have taken out a case against me personally and I have no other way of having it removed unless I go to court with it...

My car insurance just cost me £1750 instead of £600 and as I explained in mid divorce, which may mean I might have to sell my house and for obvious reasons I need my personal record clear...

A total nightmare... I don't understand why someone didn't just call me about this before applying to a court for a £200 bill... Crazy

G

-----Original Message-----
From: Mark
Sent: Mon, Nov 9, 2015 01:11 PM
Subject: Fwd: Case

Hi G,

Please see the below correspondence from the court.

We have set out that we no longer wish to pursue any action, but they have said you need to also cancel the hearing at your end.

Let me know if you need me to do anything else.

Thanks,

Mark

----------------------------------------------------------------------------------------------------------

On 9 November 2015 at 09:24, Watford County, Enquiries <Enquiries@watford.countycourt.gsi.gov.uk> wrote:

Thank you for your e-mail.
The hearing listed on the 4 March 2016 is the defendant’s application to set aside judgment. This would be for the defendant to withdraw.

Which costs are you asking to be refunded? There are no hearing costs.

Yours faithfully,

Mrs K Taylor-Smith
Customer Value Officer
The County Court at Watford

Email:enquiries@watford.countycourt.gsi.gov.uk
Fax: 0870 739 4015
Enquiries Tel: 0300 123 5577

For all forms and leaflets, please visit our website www.justice.gov.uk

The County Court Enquiries Centre receive all telephone enquiries for Bedford, Hertford, Luton, St. Albans and Watford County Courts. Telephone calls may be monitored. The Enquiries Centre Team can be contacted between the hours of 8:30am and 5:00pm Monday to Fridays. This does not include Weekends, Bank Holidays and certain Civil Service Privilege Days.

The Enquiries Centre Team can:

Provide advice about Court Procedure where this does not involve giving legal advice.
Give case specific information retrievable from the Court’s computer system to legal representatives instructed by litigants or litigants acting in person.
Forward urgent messages to a Court where it relates to a hearing the same day.

I am not authorised to bind my Department contractually, nor to make representations or other statements which may bind the Department in any way via electronic means.

----------------------------------------------------------------------------------------------

From: Mark
Sent: 05 November 2015 12:21
To: Watford County, Enquiries
Subject: Case

To whom it may concern,

With reference to the claim by Mark (c/o Low Cost Parcels Limited) against Mrs G to which case XXXX refers.

The defendant has now paid the outstanding balance and we would formally request that the case is no longer pursued. Can the hearing scheduled on the 4th March 2016 at 10.30am be cancelled please.

Is it also possible to have the hearing costs refunded please?

Kind regards,

Mark

SET ASIDE & DISMISSED mistaken CCJ