CCJ Against a Builder

[MrsF65]

Not sure if this is the right place but here goes:

I took a builder to court (long story), won the case as he didn't bother to turn up even though he had put in a counter-claim. I was awarded judgement in my favour and the day before the 14 day period for him to settle the amount in the judgement he emailed the court saying he wanted the ccj struck out and enforcement stopped. He only sent a very basic email and partly completed form N244 to the court. The court acknowledgement of email states nothing that attracts a fee can be submitted via email and will not be dealt with. I emailed him giving him the opportunity to pay by the date on the Order but obviously he wasn't going to do this so I transferred the CCJ to a High Court Writ. The enforcement offer called to his property and he settled in full. My question is can he still make an application to have the judgement set aside after he has settled the outstanding amount can he just apply to have the ccj marked as satisfied.

Any advice would be greatly appreciated.

[ploddertom]

Re: CCJ Against a Builder

If he still has grounds then yes he could still apply for Set Aside. He should have dealt with this promptly by following up on his previous failed application. I would hazard a guess he probably does not have a strong enough defence to do so. How long ago did this all happen & have you received payment from the HCEO yet.

[MrsF65]

Re: CCJ Against a Builder

I issued proceedings against him personally and not a company as I paid him personally and not to a company (part cash) - which even though I requested receipts in witness statements etc he failed to be willing to supply any receipts. He didn't turn up to two hearings and failed to submit a scott schedule as directed after complaining I sent it in a format he could not open hence I sent it again. in fact he failed four times to comply with court directions. He had a counter-claim which dropped by £6,000 over night!! It was recent as in September this year. He is now saying I should have taken the action against the company and not him even though I have paid him directly and not the company and in my first witness statement when issuing the proceedings I stated why I was bringing the action against him personally. He never brought this up and defended in his own name and brought the counter-claim in his own name. He didn't contact either myself or the court to say he would not be attending the hearings and the Judge entered judgement in my favour. The HCEO only went to his premises last Friday so they hold the payment for two weeks.

[ploddertom]

Re: CCJ Against a Builder

If he is going to do anything he should do it while the HCEO still has control of the money. From your brief explanation above I don't think he will do anything and if he does think he may have a rocky ride at Court as he has had plenty of opportunity.

[MrsF65]

Re: CCJ Against a Builder

Hi and thanks for your reply.

Does he have to have the order setting the judgement aside by the time the 14 day period is up? If not what will happen if the HCEO send the monies to me and then he takes action to set it aside. I'm a bit apprehensive waiting for the post every day to see if he has been in touch with the court. Does he apply to the local county court that issued the judgement to set it aside or the High Court now it has been transferred up. The 14 day period is up on Saturday and I have heard nothing at all so I am presuming there will need to be a hearing before any order is issued to have the judgement set aside and also that the court will contact me in this regard as well.

[Amethyst]

Re: CCJ Against a Builder

It sounds like he made some half hearted/arsed attempts to stop you getting the judgment and decided just to give it up and pay when the HCEO turned up. I don't think you have anything to worry about, and if he did decide to try again applying for a set aside he would have a huge uphill battle, it really has gone too far and he has no grounds to set aside - It wasn't a default judgment - he defended the case and brought a counterclaim, then didn't turn up, ignored court orders, and made a incorrect and quite poor effort to have that judgment overturned. Really he would need to appeal and he's out of time for that too. Once the HCEO releases your funds that is very likely to be the last you hear of it.

[ploddertom]

Re: CCJ Against a Builder

It sounds like he made some half hearted/arsed attempts to stop you getting the judgment and decided just to give it up and pay when the HCEO turned up. I don't think you have anything to worry about, and if he did decide to try again applying for a set aside he would have a huge uphill battle, it really has gone too far and he has no grounds to set aside - It wasn't a default judgment - he defended the case and brought a counterclaim, then didn't turn up, ignored court orders, and made a incorrect and quite poor effort to have that judgment overturned. Really he would need to appeal and he's out of time for that too. Once the HCEO releases your funds that is very likely to be the last you hear of it.

I'll agree with that.

[MrsF65]

Re: CCJ Against a Builder

Thank you for your replies. Feeling a little less anxious now.

[MrsF65]

Re: CCJ Against a Builder

Nothing more was heard from him or the court by myself of the HCEO and the sent the monies to me on Monday just in time for Christmas. Thank you both so much for taking the time to respond.

[ploddertom]

Re: CCJ Against a Builder

Good to hear everything worked out OK for you.

[Amethyst]

Re: CCJ Against a Builder

Nothing more was heard from him or the court by myself of the HCEO and the sent the monies to me on Monday just in time for Christmas. Thank you both so much for taking the time to respond.

Good news Thanks for letting us know. Have a lovely Christmas without this hanging over you xxxx

[MrsF65]

Re: CCJ Against a Builder

Just got home today to and order from the Yeovil County Court when both parties live in London staying the writ of enforcement pending his application to set aside. The HCEO paid the funds to me on the 4th 16 days after collection the order was dated 6th December two days after the 14 day period for the HCEO to hold the monies. Help what will happen now as its outside the 14 day time period

[ploddertom]

Re: CCJ Against a Builder

From what you say above he has applied and been given a Stay against the Writ. Seeing as the Writ was successfully executed then he is too late. It also says pending his application to Set Aside which suggests he has still not done that.

He still has an uphill battle and even though you have your cash back he would then have to begin an action against you to recover it. Did the letter give any indication of further dates?

[MrsF65]

Re: CCJ Against a Builder

From what you say above he has applied and been given a Stay against the Writ. Seeing as the Writ was successfully executed then he is too late. It also says pending his application to Set Aside which suggests he has still not done that.

He still has an uphill battle and even though you have your cash back he would then have to begin an action against you to recover it. Did the letter give any indication of further dates?

Hi the order was dated 6th December and the HCEO only had to hold funds for 14 days which was up on 1st December but as that was a saturday they paid me on the 4th so the order was made aftee the 14 day period all it said was “ the writ of high court enforcement is stayed pending hearing of the defendants application which is to be listed at the defendants home court. The case has been transferred to the home court”

No dates or anything else so there isnt even a date of the application hearing listed. Which will probably be two or three months away

[Amethyst]

Re: CCJ Against a Builder

Sounds like he is simply trying to make life difficult for you. Why on earth would he make the application in Yeovil ? I suppose he may be working down there and had to go in to the court to make the application fee payment ? ( being generous) The application should have been made at the issuing court. As Ploddertom says if he did somehow succeed in his application to set-aside he would have to bring a claim against you for the monies he has already paid. Goodness knows where he's getting advice from, I doubt very much it's a solicitor. The 'home court' will issue any further order when they get the case off of Yeovil, and they will set a hearing of the application.

Remember we know nothing about the original case that led to this, so although he is utterly inept at dealing with the court, if he does have an actual defence to the original claim he might manage to get it heard ( although it is really unlikely )

Might be worth calling the court you have been dealing with all the way through ( bit pointless talking to Yeovil IMO ) and telling them the writ has been executed and the HCEO has paid over the monies after the 14 day wait.

Of course, it might be the builder thinks he has applied to the court to have the judgment marked as settled or taken off the register ... and just gone completely the wrong way about it.