Can CCJ's be withdrawn?

[thetaylors2008]

Hi
New member here!! Bit flummoxed!
Made a claim through MCOL to a company but I put wrong company name down (missed one word out on name), issued them with a CCJ but never enforced it.
Correct company has since paid up so marked the claim as paid up on MCOL but they are now asking that I withdraw claim (set aside I think its called) on wrong company as their credit rating will be affected.
Can this be done?
Many thanks

[EXC]

Re: Can CCJ's be withdrawn?

So you issued a claim to company A using the name of company B and company A are concerned about the credit rating of company B? Are the companies related?

When you say you ''issued them with a CCJ but never enforced it'' what do you mean?

We need to know how far along the process you got.

[R0b]

Re: Can CCJ's be withdrawn?

It depends, and really what stage you are at as I think you could be confusing certain words and abbreviations. Starting from the beginning:

1. When you issued the claim against the company (Co. A) and input the wrong company name, was the claim then issued to another company (Co. B) that you didn't intend to take to court or was it still sent to Co. A despite the wrong name on the claim form?

2. You appear to be suggesting that the court has found in your favour with a CCJ, how did this come about? Did you attend court, or did you file for a default judgment because they didn't put in a defence or was there some other reason?

[Diana M]

Re: Can CCJ's be withdrawn?

Made a claim through MCOL to a company but I put wrong company name down (missed one word out on name), issued them with a CCJ but never enforced it.
Correct company has since paid up so marked the claim as paid up on MCOL but they are now asking that I withdraw claim (set aside I think its called) on wrong company as their credit rating will be affected.

Have I understood this right?

You issued a claim against a company but 'mis-typed' their full name on the form (one word missing from the whole company name).

You obtained a CCJ against them (either by default because they didn't respond in time or at trial).

This company paid you what the CCJ ordered them to pay because they were the right 'target' of your claim even though you'd got the name on the summons slightly wrong. I can't think of any other reason why they would have paid you if it wasn't them who owed you the money.

They are now saying that having a CCJ on their CRA file will damage their credit rating so they want you to consent to a set-aside on the basis that you've got the money so no skin off your nose if you have CCJ against them or not (unless you have other reasons to punish them).

If they were not the company named on the CCJ it wouldn't effect their credit rating.

There only ever was one company involved.

Or have I completely misunderstood the situation

Di

[thetaylors2008]

Re: Can CCJ's be withdrawn?

Thank for reply R0b
Sorry probably didn't make totally clear!
1. Issued claim against John Smith Ltd instead of John Smith Brothers Ltd (different address and registration no's at Co's House)- sent to John Smith Brothers Ltd address who reacted to claim and have since paid debt.
2. CCJ issued against John Smith Ltd which John Smith Brothers Ltd is saying he must pass on to John smith Ltd as it will damage their financial footprint and asking me to withdraw CCJ.

Hope this makes sense!!
Thanks again!

[thetaylors2008]

Re: Can CCJ's be withdrawn?

Thanks for reply Di - much appreciated!
Sorry if didn't make 100%!
The two companies - say John Smith Ltd and John Smith Brothers Ltd are two separate companies and have different addresses and registration no's as per Co's House. It was the 'Brothers' name I missed out on the original claim
The MCOL claim and CCJ was issued to John Smith Ltd but at John Smith Brothers address.
Hope this makes sense!!
:-)

[EXC]

Re: Can CCJ's be withdrawn?

Made a claim through MCOL to a company but I put wrong company name down (missed one word out on name), issued them with a CCJ but never enforced it. Correct company has since paid up so marked the claim as paid up on MCOL but they are now asking that I withdraw claim (set aside I think its called)

You can't set aside a claim as such, only a judgment. I'm still not clear as to the outcome of the claim and when in the process the claim was paid.

A sequence of events including dates would help.

[Diana M]

Re: Can CCJ's be withdrawn?

say John Smith Ltd and John Smith Brothers Ltd are two separate companies and have different addresses and registration no's as per Co's House. It was the 'Brothers' name I missed out on the original claim
The MCOL claim and CCJ was issued to John Smith Ltd but at John Smith Brothers address.
Hope this makes sense!!

I'm afraid it doesn't make enough sense to be able to help.

If you've obtained a CCJ against an innocent party who doesn't or didn't owe you any money then I would like to think the court would accept a Consent Order to set-aside a CCJ obtained due to an admitted error by you for a claim made against the wrong Defendant.

You need to answer EXC's questions first because it appears I'm not the only one not understanding your issue

Di

[nemesis45]

Re: Can CCJ's be withdrawn?

As I see it company "a " owed you money and you issued a claim in the name of an associated company "b" by mistake and this company "b" has paid the judgement order?

Now company " b" wants to set this judgement aside, is this correct?

nem

[thetaylors2008]

Re: Can CCJ's be withdrawn?

Thanks again and sorry for confusing you all!
Timeline of events as follows :
Submitted claim to John Smith Ltd on 5.7.16. (should have been John Smith Brothers Ltd)
Claim issued 6.7.16.
Submitted judgement against John Smith Ltd on 26.7.16.
Judgement issued against John Smith Ltd on 27.7.16.
John Smith Brothers Ltd paid debt in full and notified MCOL on 16.9.16.
A bar was put in place for John Smith Ltd on 20.9.16.

John Smith Brothers Ltd has asked that we withdraw claim on John Smith Ltd as they are concerned it will damage their credit rating. When I tried to do this the only option was to mark the claim as paid which is what I did.

Hope this makes things clearer? Basically John Smith Brothers are concerned of effect on John Smith Ltd and they feel obliged to pass on paperwork to them.

Thanks again!

[thetaylors2008]

Re: Can CCJ's be withdrawn?

Thanks for reply nemesis45
Nearly correct - we have had not contact from Co B but Co A has asked that we withdraw claim on Co B as they feel obliged to pass on paperwork to notify them that their credit rating may be damaged b y CCJ being issued!
Thanks

[nemesis45]

Re: Can CCJ's be withdrawn?

Thanks for reply nemesis45
Nearly correct - we have had not contact from Co B but Co A has asked that we withdraw claim on Co B as they feel obliged to pass on paperwork to notify them that their credit rating may be damaged b y CCJ being issued!
Thanks

Once judgement has been made the process is for the defendant to apply for he claim to be set aside, from what you say they defendant company has grounds for set aside at it was not their deb??
The debt has been paid has it not?

nem

[thetaylors2008]

Re: Can CCJ's be withdrawn?

Thanks Nem
Yes - the debt has been paid.

[nemesis45]

Re: Can CCJ's be withdrawn?

Thanks Nem
Yes - the debt has been paid.

Is the company that paid wanting the money repaid?

nem

[thetaylors2008]

Re: Can CCJ's be withdrawn?

Is the company that paid wanting the money repaid?

nem

Hi Nem
No the company that paid was the right company who owed us money. Unfortunately the claim was made against another company with a very similar name.