Setting aside

[Jenna32]

Hi everyone,*
An ex self employed made a judgement against me and my business partner in 2018. We had a limited company*
Our company went into liquidation June 2018.
The problem was me and my business partner moved out of our addresses, and we never knew about the judgment and didn't get the Chance to defend ourselves. We only found out 2 weeks ago when one of us got a call from a baliff . We both have excellent credit and for definitely had no ccj. I'm on clear score check my report every month. Not long after this original call 2 weeks ago I can now see a judgement made from 2018 will be going on my report.*
after several calls to the court we managed to find out that because the judgment has now been registered it will now show up on our credit reports, we were also told we had 30 days to pay and if we pay before the end of feb we can get the ccj removed. Which then we was told that wasn't true as the judgment was made 2 years ago. All told by Watford county court.*

We are going to try and get the judgment set aside. The judgment was made originally May 2018 and I moved out last week of March 2018...I don't recall any thing coming in post and the judgment that was actually made on the 24th may 2018 neither me nor my business partner were at the addresses (both personal
I'm about to apply for a set aside*
3 questions*
Do we have a good chance 2 years later -
And we know we have a good defence, ( Us being a limited company, and never giving her a personal guarantee )but how likely will we get this set aside - and do we have a better chance using a Solictor or can we do this ourselves.?
Really worried as I'm just about to apply for my mortgage u will effect me massively. Worse thing is the judgment is is for £550 I would have just paid her had I even known bout it but 2 years later we don't have the option
Any help pls would be appreciated.*
Feel really helpless I've moved an hour and half away from my sons school to move with parents and my job and I was buying a house closer.*
I'm worried and feel stuck as to what's my choices*


*

[R0b]

Hello

It doesn't matter what the time was, it's whether you had knowledge and if you were prompt in making the application. Given that you found out two weeks ago, you should be fine I think but one of the criteria is being prompt.

Couple of things to think about:

1. Do you have evidence that the company entered into the contract with the claimant? If so, you might want to write to the claimant and explain that you've discovered that she has obtained a CCJ against you personally, rather than the company who was the contracting party and the clam should never have been against you personally. Ask her if she is willing to agree to setting aside the CCJ and to reply back within 7 days i.e. Friday. If she doesn't respond you will make an application to set aside.

2. Because the claimant has got the wrong person, you should be entitled to your costs of the application and you should also be entitled to summary judgment providing you can give the necessary evidence to prove the contractual relationship. If you want to be more aggressive you could include in your letter, that the consent order should also dismiss the claim too and the correct approach is to sue the company. If she ignores or refuses then as part of your application about what you want the court to do, you could put in summary judgment. There is some criteria to meet but I think in your case that threshold wouldn't be difficult.

3. If you've had bailiffs round you also want to have enforcement stayed pending the outcome of the hearing.

You might want to avoid applying for mortgage until this is done which can take a few months to get to court.

[Jenna32]

Thank you for your help much appreciated*