Can CCJ's be withdrawn?

[Amethyst]

Re: Can CCJ's be withdrawn?

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.

So it seems that all you need to do now is discontinue the claim - have you rung the court to check what the current status is ? If the court put a bar in place then the claim is still live in some respect so check that first and tell the court you wish to discontinue due to the error with the company name.

[ploddertom]

Re: Can CCJ's be withdrawn?

Not wanting to rock the boat but in some respects you need to tread carefully.

If you have obtained Judgment against an innocent then you may have left yourself open to a counterclaim for any damage your Judgment may have caused them. Probably best to come clean & speak to this other company advising it was a genuine error and you are trying to resolve the matter. It may be that they may have to apply for Set Aside for which you may have to pay for.

[Diana M]

Re: Can CCJ's be withdrawn?

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.

You've got a CCJ (Default Judgment) against a company which didn't owe you any money on 27th July 2016.

You've been paid what you were owed on or before 16th September 2016 by a company who didn't have proceedings issued against them.

Quite frankly you don't have to do anything but it may be wise to do something to avoid a claim against you for damages.

It does seem a bit mean for the innocent company to have a CCJ registered against them on their CRA files since they didn't owe you any money. It's a pity they didn't file an AOS and Defence to explain that to you and the court and then you may have Discontinued at that point.

As I understand it the company who did owe you money and paid you the money they owed you without any court proceedings have approached you to ask you to set-aside the CCJ against the wrong company because they seem to feel morally obliged to inform that company about the CCJ.

This is easily resolved. You can consent to a set aside of the innocent company's CCJ so everyone is happy (since you've got your money). You can draw up the Consent Order signed by both parties and file it with the court (£100).

The reason you couldn't "withdraw" your claim when you went online is because there already was a CCJ so you can't put the legal clock back except by undoing the CCJ with a set aside.

This thread is rapidly turning into Legal Puzzle of the Week

Di

[Amethyst]

Re: Can CCJ's be withdrawn?

A bar was put in place for John Smith Ltd on 20.9.16.

That might suggest the claim is still in the system, possibly an application has been made to set it aside/strike out - really won't know fully the exact status of the case, and therefore what needs doing until you speak to the court.

[Diana M]

Re: Can CCJ's be withdrawn?

That might suggest the claim is still in the system, possibly an application has been made to set it aside/strike out - really won't know fully the exact status of the case, and therefore what needs doing until you speak to the court.

Or maybe the bar was put in place because the court had been informed that the CCJ had been satisfied (paid by a third party) so the bar would prevent any enforcement action such as bailiffs or Attachment of Earnings or CO by the Claimant.

You can only strike out a live claim. A CCJ is a dead claim until it's set aside or appealed.

Di

[Amethyst]

Re: Can CCJ's be withdrawn?

I don't know how a CCJ could have been put against the wrong company - it would have a different address. It might be on the wrong name at the right address and as John Smith Brothers didn't pay it until after the 28 days they probably rightly have a CCJ against them. Before jumping through hoops on their request I'd speak to the court and find out exactly what the situation is, whether the CCJ has been registered and if so who against and at what address.

[ploddertom]

Re: Can CCJ's be withdrawn?

I don't know how a CCJ could have been put against the wrong company - it would have a different address. It might be on the wrong name at the right address and as John Smith Brothers didn't pay it until after the 28 days they probably rightly have a CCJ against them. Before jumping through hoops on their request I'd speak to the court and find out exactly what the situation is, whether the CCJ has been registered and if so who against and at what address.

Quite simply the Court don't check names or addresses just whatever is put on the Claim Form.

[Diana M]

Re: Can CCJ's be withdrawn?

If you have obtained Judgment against an innocent then you may have left yourself open to a counterclaim for any damage your Judgment may have caused them. Probably best to come clean & speak to this other company advising it was a genuine error and you are trying to resolve the matter. It may be that they may have to apply for Set Aside for which you may have to pay for.

I agree that the OP is on the back foot with this issue.

In fact a set aside may not be enough to resolve the situation because all a set aside does is put the clock back to the legal position before the CCJ was granted. The claim then becomes live again enabling the Defendant to file a Defence.

I would think that any Consent Order (drawn up by the Claimant) should include a Paragraph which asks the court to "respectfully" dismiss the claim.

You can't make a court do anything but you can ask them to listen to your respectful request

Di

[R0b]

Re: Can CCJ's be withdrawn?

I agree that the OP is on the back foot with this issue.

In fact a set aside may not be enough to resolve the situation because all a set aside does is put the clock back to the legal position before the CCJ was granted. The claim then becomes live again enabling the Defendant to file a Defence.

I would think that any Consent Order (drawn up by the Claimant) should include a Paragraph which asks the court to "respectfully" dismiss the claim.

You can't make a court do anything but you can ask them to listen to your respectful request

Di

But you could say something like "the CCJ dated ... is set aside; and the Claimant withdraws its claim / Claimant's claim is withdrawn" rather than asking the court to dismiss the claim because that could potentially open up a costs order technically speaking

[Diana M]

Re: Can CCJ's be withdrawn?

you could say something like "the CCJ dated ... is set aside; and the Claimant withdraws its claim / Claimant's claim is withdrawn" rather than asking the court to dismiss the claim because that could potentially open up a costs order technically speaking

If a claim is Discontinued before a Defence has been filed then the Claimant can re-issue the claim without permission from the court.

If a claim is Discontinued after a Defence has been filed then if the Claimant wants to re-issue they have to seek permission from the court which they're not going to get if it's based on the same (or substantially the same) facts as the first claim.

If the claim is dismissed by the court then the Claimant can never re-issue.

So if I was the innocent Defendant I would want the claim dismissed not Discontinued.

In fact if I was the innocent Defendant I would be seeking legal advice on how to sue the Claimant for damages because the CCJ wasn't satisfied within 28 days of the judgment so it's already been registered with Trust Online and on the CRA files.

The CCJ may get set aside eventually but has the damage already been done is the question.

Di

[Amethyst]

Re: Can CCJ's be withdrawn?

Quite simply the Court don't check names or addresses just whatever is put on the Claim Form.

Indeed so it would be registered in the name and address that the claim was made - which I believe was John Smith Ltd, at John Smith Brothers Ltd address ?

Until we have more info it's very difficult to know what the OP should do.

I think the threat to involve John Smith Ltd is an attempt to intimidate the OP into having the CCJ removed despite their having ignored the claim and having paid out of time.

Of course if the OP did make the claim at John Smith Ltd at John Smith Ltd's address that would be another matter.

Check exactly what the position is with Court and Registry Trust before doing anything.

[Diana M]

Re: Can CCJ's be withdrawn?

John Smith Brothers Ltd has asked that we withdraw claim on John Smith Ltd as they are concerned it will damage their credit rating.

Is there any chance that John Smith Ltd is a dormant company which is blissfully unaware of this drama going on behind the scenes?

That could be one reason why they didn't respond to a county court summons from someone they'd never heard of (you) for money they didn't owe.

I assume you've checked their 'active' status on the Companies House website.

Di

[R0b]

Re: Can CCJ's be withdrawn?

Indeed so it would be registered in the name and address that the claim was made - which I believe was John Smith Ltd, at John Smith Brothers Ltd address ?

Until we have more info it's very difficult to know what the OP should do.

I think the threat to involve John Smith Ltd is an attempt to intimidate the OP into having the CCJ removed despite their having ignored the claim and having paid out of time.

Of course if the OP did make the claim at John Smith Ltd at John Smith Ltd's address that would be another matter.

Check exactly what the position is with Court and Registry Trust before doing anything.

Ah yes but the dismissal only relates to the Claimant (OP this case) not being able to bring a claim for the same action, but doesn't prevent the Defendant from bringing a related claim against the Claimant thus switching roles. I suppose here there's no reason why the claim can't be dismissed because it was the OP's error and there's no contract between the two parties and there would be no need for the OP to reserve their right to bring a future claim.

But you are right, if the company catches wind and has some sense they could bring a claim for economic loss or something along those lines. The OP could either sit on its hands and wait, or do the honest thing and inform them, perhaps try and limit the damage by offering to pay the set aside fees and the contents of the consent order would include wording to the effect that neither party can bring any further claims in connection with the matter and a no order as to costs as well.

Perhaps it could work if John Smith Ltd is a small business and can't afford to seek legal advice or bring a claim for damages so the OP could possibly have the upper hand. But if they do seek legal advice and have the means, then I'd be surprised that they would agree to no further claims being made against each other.

Worth a shot in my eyes if push comes to shove

[nemesis45]

Re: Can CCJ's be withdrawn?

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.

An associated company? If so I can see no reason for not letting them getting the judgment against the wrong company set aside with your consent.

nem