Tweet
Partial refund of judgment debt?
Today, 08:59:AM
I wonder if anyone can offer advice on a bit of a strange situation?
My son sublet his flat and worked elsewhere in the UK for six months. He changed his address on the electoral roll. A couple of months before he was due to return to his home,He went on Expedia and found a CCJ. He phoned the solicitors and it turns out it was a parking ticket from four years ago. He panicked and paid it, as he thought this would get rid of the CCJ.
Anyway, he now realises it does not and having got back home he has also seen that he did not get any letters before action, just the court papers. If the solicitors had checked the electoral roll, they would have written to his current address, so no proper checks done.
The parking ticket was issued when he had been a guest at a friend's flat and stayed overnight four years ago. The friend had said ignore the ticket, but if he heard anything more, he'd get in touch with the Management Company and explain the situation. Son heard nothing further until this happened.
It turns out the ManCo gave the management of the car park to a parking company a couple of years ago and it is they who are now chasing the debt. They have also claimed for £60 "damages", but the parking sign says nothing about this.
Son has filled in the court forms to apply for Judgment to be set Aside. He is currently furloughed, so has been able to do this without paying a court fee, as he is on a low income. The court have written to both parties saying the matter will be transferred to my son's local county court. He wrote to the claimant's solicitors initially, asking if they would agree to the Judgment being set aside with consent, but did not hear back from them. Now he has heard from them saying they will consent and asking him to draft the order.
He has asked in his draft defence for a refund of the court fees and the "damages" they claimed and which he paid. Is that a possibility? He is intending including that in the draft Order for the other side to approve. I suspect they will not approve?? Is it worth giving it a go, as in any case, there will be a hearing for the matter to proceed without consent.
If they do approve, then he'll apply for the matter to go ahead with consent.
Sorry this is a bit long. I wonder if anyone else has been in a similar situation and if it is possible to get a refund of monies paid in satisfaction of a judgment debt?
Many thanks
Catniss
Today, 08:59:AM
I wonder if anyone can offer advice on a bit of a strange situation?
My son sublet his flat and worked elsewhere in the UK for six months. He changed his address on the electoral roll. A couple of months before he was due to return to his home,He went on Expedia and found a CCJ. He phoned the solicitors and it turns out it was a parking ticket from four years ago. He panicked and paid it, as he thought this would get rid of the CCJ.
Anyway, he now realises it does not and having got back home he has also seen that he did not get any letters before action, just the court papers. If the solicitors had checked the electoral roll, they would have written to his current address, so no proper checks done.
The parking ticket was issued when he had been a guest at a friend's flat and stayed overnight four years ago. The friend had said ignore the ticket, but if he heard anything more, he'd get in touch with the Management Company and explain the situation. Son heard nothing further until this happened.
It turns out the ManCo gave the management of the car park to a parking company a couple of years ago and it is they who are now chasing the debt. They have also claimed for £60 "damages", but the parking sign says nothing about this.
Son has filled in the court forms to apply for Judgment to be set Aside. He is currently furloughed, so has been able to do this without paying a court fee, as he is on a low income. The court have written to both parties saying the matter will be transferred to my son's local county court. He wrote to the claimant's solicitors initially, asking if they would agree to the Judgment being set aside with consent, but did not hear back from them. Now he has heard from them saying they will consent and asking him to draft the order.
He has asked in his draft defence for a refund of the court fees and the "damages" they claimed and which he paid. Is that a possibility? He is intending including that in the draft Order for the other side to approve. I suspect they will not approve?? Is it worth giving it a go, as in any case, there will be a hearing for the matter to proceed without consent.
If they do approve, then he'll apply for the matter to go ahead with consent.
Sorry this is a bit long. I wonder if anyone else has been in a similar situation and if it is possible to get a refund of monies paid in satisfaction of a judgment debt?
Many thanks
Catniss
