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  • Hi everyone and thanks for accepting me on to LegalBeagals

    I have just had 2 weeks ago CCJ put on my Limited company. For the last 6/7 weeks i have not been in work as my father had terminal cancer and passed away on 10-05-2018.
    I have spent all my time helping my Father and Mother in this harrowing time that we have just passed,including staying at my parents home to help through the night.
    I have not been to my work place, opened the doors or postbox i have not had the time or interest to be honest. Last Thursday when i went obviously i had rakes of letters etc. which one was from a company that i owed a few hundred pounds to.But they has given me a CCJ. I had no intentions to let this go to court i just had other and more important things on my mind. And still have.
    Any way can i set this aside and pay it? or am i without a chance and now have this on my Ltd company's credit accounts. Also as a director will this affect my own credit score?
    Thanks any help or advise would be appreciated.
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  • #2
    Originally posted by stuski View Post
    I have just had 2 weeks ago CCJ put on my Limited company. For the last 6/7 weeks i have not been in work as my father had terminal cancer and passed away on 10-05-2018.
    I have spent all my time helping my Father and Mother in this harrowing time that we have just passed,including staying at my parents home to help through the night.
    I have not been to my work place, opened the doors or postbox i have not had the time or interest to be honest. Last Thursday when i went obviously i had rakes of letters etc. which one was from a company that i owed a few hundred pounds to.But they has given me a CCJ. I had no intentions to let this go to court i just had other and more important things on my mind. And still have.
    Any way can i set this aside and pay it? or am i without a chance and now have this on my Ltd company's credit accounts. Also as a director will this affect my own credit score?
    Thanks any help or advise would be appreciated.
    Hi and Welcome, I'm sorry to hear of your loss.

    You can make an application to the court to set the judgement aside under CPR 13.2 & 13.3 in that you did not receive the claim form until the date you did. This can be done with the consent of the claimant or by an application without consent to the court. The former costs £100 while the latter £255.

    In the circumstances I'd suggest you write to the claimant, explain the situation and that as such you did not receive the claim form. That you wish them to consent to the set aside and allow you to settle the matter amicably with them then filing a notice of discontinuance of the claim. Head the letter "Without Prejudice" to protect you legal position.

    Inform them that it will be your intention to file an application without consent if they refuse and that due to the strict timescales of the court you require their response within seven calendar days.

    You can do this be email if you wish or letter.

    If they refuse or don't respond you'll have to progress with an application, there's much more info on set aside here: http://legalbeagles.info/forums/foru...tailed-version

    The company is a separate legal entity to you, so the CCJ does not affect your personal credit file.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      What date was the judgment ? If you are intending to pay it off, if it was within the last 28 days payment in full will prevent it being entered on the register,
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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