Need some expert advice please on a CCJ claim for damages

[Lipsy1982]

Hello sorry this is long and confusing now for me

I hired a mini digger through my LTD company , it has some damages on the return of the machine and I had no insurance in place , the LTD company was loosimg money and I was desperately trying to keep it going , anyway , long short of it , when it was dropped off on hire I never signed for it and also when it was collected I never signed for it as wasn’t there at the time .

The weeks it was on hire it was paid for through my business card ,
on return the hire shop man sent me a crazy invoice for around £6k in damages etc etc

and I knew he was trying it on

I ignored the email and a few days later he said I’ll half it to £3k if you pay now , so I called him and the call got heated and I told him I’m closing the company soon so good luck - ps this was all recorded
and have emails of the £3k drop .
I was told by him that’s ok I will chase you personally then , which he did somehow , so end of last year I got a CcJ from court , Ignored it and then a high writ enforcement agent came to the door , then it was coronavirus lockdown so I applied to set it aside after the timeframe which got accepted, we had a telephone hearing and I provided beforehand all evidence as above and there solicitor got his ear chewed off as they were claiming as an invoice and not specifically as a damage charge etc etc , the judge set it aside and told me to send them within 14 days that I don’t except etc etc which I did .

I thought that was it and bam I get another letter from the court 5 months later saying judgement against me , very confused now , it like either they re applied again without sending me the case or something I’m not sure about so I rang there solicitors and she said she would get back to me , I forgot as 2 months gone on and bam another high writ enforcement agent at the door 3 weeks ago then all of a sudden there solicitors have just emailed me saying

I email further to your recent correspondence with our offices.

Please see attached a Consent Order that we have drafted and will file with the Court once we have received it signed by yourself.

The Consent Order asks for the Judgment against you to be set aside and your Defence to be dealt with appropriately.

Please return the Consent Order to us signed and we will file with the Court immediately.

Kind regards



I don’t know what’s happening shall I sign it or am I being tricked and what shall I do now

sorry but I’m not sure what to do from here .

thamks for your help in advance and sorry it’s long

Lee.

[R0b]

Hi,

Some of the things you've mentioned don't quite add up and seems to be a few holes in your story.

When the judge set aside the initial CCJ, and said for you to file a defence within 14 days (I presume this is what you mean), the court claim should have continued. I can only think that either you didn't file the defence properly to the correct court, the court did not receive your defence or if it did failed to put it on record and the claimant requested default judgment, the claimant somehow managed to obtain another default judgment despite a defence being file, or the claimant has issued a separate claim and filed for a default judgment.

I think we need to start from the beginning with some questions.

1. Does the claim number on the recent letter from the court saying that judgment has been obtained match the earlier one or are they different? If they're different, it would indicate two separate claims have been issued and that needs to be resolved.

2. What did you file in your defence, are you able to post it up with personal info removed.

3. Can you provide the contents of the consent order, again personal info removed.

4. You say that you hired the digger through the ltd company, have you any evidence of that?

5. Is the ltd company still active or has it been wound down and dissolved?