Help for the Creditor in the CCJ set aside application

[grand]

Hi,
I went through the online claims system and got a CCJ against 7 Days Recruitment Ltd. My son worked for them and they held back some of his wages for "damage" to the delivery vehicle he was using.
Went online. Started the case. The court issued the claim on the 5th of February 2020. On the 12th of February the debtor requested another 14 days extension. On the 9th of March the judgement was processed (pending any submission to the court by the debtor was sent on time but was still not processed by the court office).
Subsequently, I received the written confirmation of the CCJ against the Debtor.
Then I received a court letter saying a set aside of judgement had been applied for at court near me. The date is yet to be confirmed.
My question is, is this going to be a one sided hearing?
Will I (representing my son) be able counter or defend anything the debtor may say or provide?
Will I even get a copy of the debtors defence prior to the hearing?
Given the above (the request for an extension) what other reasons can the debtor give to satisfy the court to set aside the CCJ judgement?
Grateful for any help and advice.
Kind Regards

[ploddertom]

The Debtor when filing his application should list their reasons/defence as to why they are applying for Set Aside. If it is because they missed the dates applicable then in my view that is their tough luck. You should have been sent a copy of their application/defence in order you can make comment/agree/disagree with what has been said.

[grand]

Thanks for that. So far al I have received a Notice of Transfer of proceedings.
The contents just say, To all Parties, This claim has been transferred to the County Court at Medway for that court to hear the defendants application for Judgement to set aside.
The court will send you and the other parties of the time, date and place of hearing.

I guess they will send me the defence in due course.
Appreciate your help. That's calmed me down a bit!!

[ploddertom]

If you get nothing by the time you get notification of the Hearing then make contact with the Court, from memory the Debtor should have sent this to you already.

[ploddertom]

Just had a thought - how much did you get Judgment for? If for more than £600 then you can still transfer the matter for Enforcement as it could be months before a Hearing takes place.

[grand]

Hi, sorry about that, jumping in and out of meetings at present.
The CCJ is just in excess of £5,000.
I am interested even more now. Are you saying the CCJ is still effective despite the application to set aside?

[grand]

Need to be away again.
I'll check back soon for your reply.

[ploddertom]

You can transfer up to the High Court any non-CCA regulated CCJ you have against someone. The fact they have applied for Set Aside is of little relevance as of course they may not succeed and all that has happened is everything is delayed. Of course if you decide to go down this route it would be policy to explain what is happening as some may baulk at taking enforcement action in the meantime. The cost to you is £66 but this is added to the debt outstanding and you should also be aware that if the cannot execute the Writ then an Abortive fee of approx £90 becomes due. The best way to find out is to contact the likes of https://thesheriffsoffice.com/ for further information. I believe at present all Enforcement visits are on hold because of the current climate but that is not to say nothing is happening.

You should also be aware that if the Debtor were to receive a letter/visit then they could apply for a Stay of Execution against the Writ that is against them. It will cost them to this and it could be Stayed in the interim pending a fuller Hearing at which a lot are overturned. Like everything just because you have Judgment against someone it is no guarantee of payment.

[grand]

Thanks for that.
I'll give the SherrifsOffice a look in.
Nothing is sacred, not even a legit CCJ!!!!

[ploddertom]

As long as there is no Stay in place then Enforcement with a Writ of Execution can go ahead. Many is the time Debtors have argued they have submitted applications but until the Judge has ruled they can continue with enforcement. This is something that isn't quite made plain on TV documentaries. The Sherrifs Office have a very good FAQ section that is worth a look through.

[grand]

I've had a look and they seem very helpful albeit they appear not to able to pursue in person at present.
However, certainly worth a go....only £66 to find out!
Thanks for your insight and guidance. Let's see how it goes.

[ploddertom]

Let us know how you get on.

[grand]

Will do
Thanks

[grand]

Hi
I did not go the Sheriff rout as it was expected that they would go for a stay order.
Now they have sent in their excuse for not responding on time. Please see attached. I have removed full names etc.
He says that our claim was sent to the wrong address, even though it was responded to by some one in the company.
He says he is the owner of the business, yet it is a limited company and he is a director. I'll double check that.
What is your opinion thus far.
He is right about serving to an address they changed, but the company did respond to it the claim nonetheless. They even asked for an extension of time to the court.
Regards

Signed App and Def3.pdf

[ostell]

So despite the claimed address incorrect they still responded. Did they notify you of the so called correct address? What address were you actually using, from their paperwork or company house? I believe it is valid to use an address where the company is operating from and not neccesarily the registered address.

Yes he is a director. thee can be no owner, and he is a person with significant control.

I noted that they said they could not respond because a laptop failed and they couldn't get at the files. Bad business practise not to have backup of critical files.