CCJ set aside

[Shopgirl81]

I recently applied to have a ccj set aside on the grounds of defective service - the claim was made to an old address despite the claimant having my current address (and I had email correspondence to prove it.)

The claim for rent arrears on a business premises I left, the landlords agreed to allow me to surrender the lease early, but I could not afford at that time to clear the outstanding rent. Note: I paid the rent arrears in full the day before the hearing but refused the interest and costs. We had some communication through solicitors as I tried to negotiate time to pay, but they weren't very accommodating and said they would start litigation however I didn't hear anything. Solicitor at that time advised to wait and see so I was not forthcoming with any payments. Then I heard through a relative that they were telling people they had taken me to court and had a CCJ against me. I then made enquiries with the courts to find out what was happening.

I attended the hearing and represented myself, and the judge agreed to set the judgement aside, however at the end there was some discussion over the interest and costs on the side of the claimant, and the judge wrote something down about having 2 weeks to file something. Nobody explained to me what needed to happen next.

I waited to receive confirmation on writing of the judgement being set aside and any further instruction to no avail. I called the court yesterday to find out what was happening and they told me that I had to file a defence or the judgement would still stand. I'm really confused as he agreed to set it aside. I'm sure if I am supposed to be filing my defence for having the judgement set aside (I missed the deadline to submit in writing prior to the hearing) or if I am supposed to be defending the original claim.

The court said they couldn't give me any more information and that there was a backlog of notes from the hearing so I probably wouldn't get anything in writing for another two weeks meaning I would miss the deadline.

Any ideas?

[Shopgirl81]

Re: CCJ set aside

bump

[Amethyst]

Re: CCJ set aside

Hi Shopgirl xxx Apologies for missing your post previously, just having a read now xxx

[Amethyst]

Re: CCJ set aside

Okay The court are pants at explaining things to people. You SHOULD have had an order from the court confirming that the judgment was set aside and by when you had to have your defence filed. If they have a backlog they should adjust the dates on the order accordingly.

When a judgment is set aside it normally takes it back to the point it would have been had you acknowledged service, so you are allowed to file your defence. However it sounds like you are just defending the interest and costs portion of the claim, as you had paid the original arrears before the hearing and judgment. Was the judgment amount for the full amount ( arrears + interest &costs) or just for the interest&costs ?

[Shopgirl81]

Re: CCJ set aside

Hi Thank you for your reply.
The judgement was for the arrears, interest and costs.
I have now received the order and it states that
1. The judgement be set aside
2. The defendant shall file her defence by Friday 9th June and in default the claimant shall be at liberty to re-enter judgement for the balance due of the sums claimed.
3. No order as to costs.

I have since received an extension of tim further to my request, due to not receiving the order by the deadline.

- - - Updated - - -

Am I correct in thinking that since the judgement was ordered to be set aside that they do not have grounds for claiming costs, but the interest is in question?

[Amethyst]

Re: CCJ set aside

Okay whats your deadline now?

You have admitted and paid the arrears on the rent so that's done and dusted. You're only defending the interest and costs now.

What costs were they claiming originally ? Just court fees ?

What interest were they claiming ? 8%pa from the date you defaulted ?

[Shopgirl81]

Re: CCJ set aside

The deadline is actually 4pm today.

Yes I have paid the arrears in full, but there were costs for interest etc on their original claim (attached)
It is worth noting that I didn't do a runner in January 2015, in fact I continued to make payments to try and bring my rent up to date, and eventually agreed to surrender the lease in August 2016.

They also submitted a statement of costs along with their argument against the set aside for a further £1774

[Amethyst]

Re: CCJ set aside

Well there's been no order as to costs at the moment so they will be decided upon later ( the court fee £455 and £100 legal rep costs are the ones you were contending ? as well as the interet amount )

Why did you think you shouldn't be liable for their court fee / sols fee ?


Interest bit is different and you might be able to defend some of that - can they ask for Statutory interest AND commercial interest over the same period ? [MENTION=551]pt2537[/MENTION] I think that should be 'in the alternative' but seems to have been added together.

[pt2537]

Re: CCJ set aside

Well there's been no order as to costs at the moment so they will be decided upon later ( the court fee £455 and £100 legal rep costs are the ones you were contending ? as well as the interet amount )

Why did you think you shouldn't be liable for their court fee / sols fee ?


Interest bit is different and you might be able to defend some of that - can they ask for Statutory interest AND commercial interest over the same period ? @pt2537 I think that should be 'in the alternative' but seems to have been added together.

No that in my view would be an attempt at double recovery, id argue its one or the other but not both at the same time

[Amethyst]

Re: CCJ set aside

Thought so.

So you can defend either Statutory OR Commercial Interest but you will likely be ordered to pay one or the other.

I might get negotiating if you need to avoid that CCJ going back on your file now it's been set aside.

( You've paid the £6.5k arrears - so there's the 4.5% interest from the contract, the £455 court fee, £100 legal rep cost and either the stat interest or commercial debt interest outstanding)

[Shopgirl81]

Re: CCJ set aside

Thank you so, can you advise how I should word the defence?
Is it enough to say that I have paid the arrears?
Or should I as k the court for clarification on the interest.

I'm just searching for the clause which states that costs cannot be claimed when a judgement is set aside due to defective service. ie. failure to serve.

[Amethyst]

Re: CCJ set aside

The whole judgment has been set aside due to defective service of the claim form? And yo now have to submit your defence on the interest element as the arrears sum was paid.

Your defence would only, it seems, be against the double interest - you want to argue only one of the interests can be claimed - either statutory or late payment commercial debt interest.

I'm still confused as to when you paid the arrears.

Note: I paid the rent arrears in full the day before the hearing but refused the interest and costs

Was that the day before the set-aside hearing ?

[Shopgirl81]

Re: CCJ set aside

Yes I paid the arrears the day before the hearing to set aside. I didn't have enough for the rest and a couple of people o spoke to said they may not come after me for it!