**SET ASIDE & DISMISSED ** mistaken CCJ

[Smasher]

Re: mistaken CCJ

N244 form for set aside..

[Amethyst]

Re: mistaken CCJ

Okay. How long exactly after the date of the judgment was payment made?

[Smasher]

Re: mistaken CCJ

Okay. How long exactly after the date of the judgment was payment made?

Sorry, i had to go pick up the missus. I don't actually know yet, she didn't have time to go to her shop tonight to get that paperwork.
She will send it to me when she gets there in the morning..

[Amethyst]

Re: mistaken CCJ

Okay, her statement is fine, it tells the court what he needs to know. She must take with her the evidence that she paid the judgment amount - so bank statement, acknowledgement from the parcel co, credit card statement, copy of emails etc.

[Smasher]

Re: mistaken CCJ

Here's the judgement docs.

Judgement on 7th August 2015, paid on 4th November 2015..

[Smasher]

Re: mistaken CCJ

Just to clear up a few things.
She didn't notice the judgement letter until she went thru a pile of mail on 23rd October 2015.
She called the court and asked what she had to do, they sent her an n244, so she filled that in and paid the £155.
Then she called the courier and had exhanged some emails.
The courier then contacted the court to ask to cancel the hearing on 4th March 2016, neither of them realised that this was not the trial, but the application hearing.
The courier then emailed a copy of the original invoice on 4th November, so she called and paid immediately (the original invoice amount £221.04).

She never saw the claim form, she can't find it now either. It's entirely possible it had been delivered and gone missing somehow.

There was no communication from the courier prior to court action, he just went ahead and made a claim and against her and claimed against personally rather than her company. I'm guessing these are the best reasons to apply for the set aside..

Clearly neither side has any idea what they're doing!

[Amethyst]

Re: mistaken CCJ

Just to clear up a few things.
She didn't notice the judgement letter until she went thru a pile of mail on 23rd October 2015.
She called the court and asked what she had to do, they sent her an n244, so she filled that in and paid the £155.
Then she called the courier and had exhanged some emails.
The courier then contacted the court to ask to cancel the hearing on 4th March 2016, neither of them realised that this was not the trial, but the application hearing.
The courier then emailed a copy of the original invoice on 4th November, so she called and paid immediately (the original invoice amount £221.04).

She never saw the claim form, she can't find it now either. It's entirely possible it had been delivered and gone missing somehow.

There was no communication from the courier prior to court action, he just went ahead and made a claim and against her and claimed against personally rather than her company. I'm guessing these are the best reasons to apply for the set aside..

Clearly neither side has any idea what they're doing!

Okay

Here's the judgement docs.

Judgement on 7th August 2015, paid on 4th November 2015..

[Amethyst]

Re: mistaken CCJ

Okay forget my earlier rambles about confirming payment to the court as it was outside the 28 days so is irrelevant now.

Low cost parcels can consent to the set aside and then discontinue the claim but your sister will lose the £155 application fee which doesn't feel very fair, but it would get it off her credit file. She could negotiate with the other side - they consent to the set aside and then discontinue the claim, and she doesn't claim the costs off them ?

She can go to the hearing and state she did not receive court papers, despite LCP having all her correct company details, and having invoiced her company previously, the claim should not have been brought in her personal name but against the company.

It doesn't sound like the company will be attending court although sometimes they surprise you and turn up. From the emails it sounds like they know they have cocked up so are likely to agree that they filed against the incorrect entity and the judgment will be set aside.

The only issue I see is that she paid the judgment debt. However she paid that from the company account presumably as it was a company debt and as there was no pre-action undertaken and she was completely unaware there was any debt owed on the account following the company stopping providing services that should be enough - usually she would have to show that she has a reasonable chance of success with her defence against the claim - in this case her defence would be that it was brought against the wrong entity and she had received no invoice nor breakdown of the alleged debt before court proceedings were taken.

She needs to take copies of the emails, particularly the one that included the invoice sent after the judgment.

[Smasher]

Re: mistaken CCJ

Yes great, thanks, we'll print off all the emails later.

I'm wondering if she should email him today and just flat out ask him "when did you inform me about this debt before goint to court with it"? She kinda did that in the last email (above), but he didn';t respond to that. Maybe he realised he cocked up, but he clearly doesn't have a clue what he's doing..

She didn't pay the judgement debt, she paid the invoice amount which was £221.04. She paid that on 4th Nov when the courier emailed her a copy of the invoice.

The hearing is booked and paid for now, I can't see how the judge can reject the set aside if he's sued the wrong entity and there was no pre-action..

In real terms, it has cost her a fortune for her car insurance now and all the wasted time & costs, but of course, the most important thing is to get rid of that bloody CCJ!

[Smasher]

Re: mistaken CCJ

Well, for the 2nd time in as many months, 4th is court day!

Ok how's this?

IN THE WATFORD COUNTY COURT
Claim No: B6QZ02N5


B E T W E E N:-


HIM
Claimant/s


and


ME
Defendant
____________________________________________
WITNESS STATEMENT
____________________________________________


I, *************************** make this witness statement for the application hearing of 4th March 2016

1: I found a letter addressed to me around on 23^rd October 2015 which appeared to be official. It was amongst a pile of unopened mail at my house. I receive an awful lot of mail, so its normal that sometimes I don’t get to check through it all as it arrives, often sometimes for many weeks. The letter turned out to be a county court judgement against me for a £214 bill from the claimant.

2: Even at this time, I suspected the letter to be some kind of scam or junk mail, since I receive a lot of that, a lot of which claims to be official or an invoice of some kind. However, I recognised the name of the claimant, so I decided to contact him.

3: The claimant confirmed that he did indeed issue a claim against me for an unpaid invoice.

4: I was not aware of the unpaid invoice.

5: I have never seen the claim form, I would have settled the claim immediately had I known that a claim had been issued. I have checked everywhere in my house, but I cannot find any correspondence from the court other than the judgement letter Exhibit A.

6: The invoice in question is made out to my limited company NCO London Ltd. Exhibit B I used the claimant’s courier service for my business.

7: The claimant issued the claim to the incorrect entity. The claimant should have issued the claim to my company, however, he issued the claim against me personally.

8: The claimant did not enter into any pre-action protocol. There was no letter before action, nor did the claimant attempt to contact me by phone or email. The claimant has all of my contact details and indeed we have since corresponded by email. Exhibit C

9: On 4^th November 2015, the claimant emailed me a copy of the invoice. I called and paid the outstanding amount immediately.

10: Had I been aware of the claim, I would never have allowed a claim go uncontested and risk a CCJ for a £214 bill. If the claimant had acted properly before issuing the claim, or at least have contacted me or my company before making the claim, this could have been easily settled. I really don’t understand why the claimant decided that a court claim was even necessary.

11: This CCJ is having a seriously damaging affect on me. My car insurance renewal was almost triple the original quote this year, costing me an extra £900, which I had no choice but to pay. Plus I am having problems obtaining credit.

12: I am currently going through a divorce and I have to bring up young children, run my business and our house alone. I may even have to sell my house, so a CCJ will make life for myself and my children much more difficult.

13: I believe that a serious injustice will occur if I am not able to contest this claim.


I believe that the facts stated in this witness statement are true.


Signed ________________________




Dated ________________________

[Amethyst]

Re: mistaken CCJ

Take this out

It was amongst a pile of unopened mail at my house. I receive an awful lot of mail, so its normal that sometimes I don’t get to check through it all as it arrives, often sometimes for many weeks.


You check the post and you did not receive the claim form.

[Amethyst]

Re: mistaken CCJ

between 2 and 3 say who the claimant is and what the relationship is - eg. The judgment was in the name of a supplier of postal services used by my company XXXXXXXXXXXX Ltd.

[Amethyst]

Re: mistaken CCJ

10: Had I been aware of the claim, I would never have allowed a claim go uncontested and risk a CCJ for a £214 bill. If the claimant had acted properly before issuing the claim, or at least have contacted me or my company before making the claim, this could have been easily settled. I really don’t understand why the claimant decided that a court claim was even necessary.

11: This CCJ is having a seriously damaging affect on me. My car insurance renewal was almost triple the original quote this year, costing me an extra £900, which I had no choice but to pay. Plus I am having problems obtaining credit.

12: I am currently going through a divorce and I have to bring up young children, run my business and our house alone. I may even have to sell my house, so a CCJ will make life for myself and my children much more difficult.

That's okay but it won't get you a set aside -- 'reasonable prospect of success with a defence' - you need to state in para 10 at least that you would have defended the claim in full as you were a) not personally liable for any debt as it belonged to the ltd company and b ) was unaware of any invoice.

[Smasher]

Re: mistaken CCJ

Ok great thanks!

Gotta run to the shop to print it now, we're out of ink!

I reckon he'll get the jist of this now tho, it's pretty simple. Well, I only got the last one to compare with..

[Smasher]

Re: mistaken CCJ

Judgement set aside, claim dismissed!

If anyone needs a McKenzie friend on 4th April, I'm on a roll!