CCJ

[NOCAB]

Hello,

I have obtained a CCJ and as the defendant didn't make any payments, I decided to make an application for a charging order.
An Interim charging order was granted and then a date was set for the final application hearing. The date set clashed with a date when I was abroad so I advised the court and the date was moved.
Sadly on the actual date I was very ill and despite my GF phoning in to advise (I had a terrible migraine attack and was good for nothing), the judge heard the application in my absence and dismissed it.
The final orders have come through and the judge has also rules that I cannot make any further registrations.
The odd thing from my side is that whenever anything favourable has been made in favour of the defendant it has always come from the same judge which looks incredibly suspicious.
If I can't make any further registrations, how can I now enforce the CCJ. It has taken nearly 3 years too get to this point due to continual failures by the defendant to follow CPR rules and PDs, yet he seems to have been allowed to get away with each and every date missed etc.

Now it seems I am unable to enforce a CCJ.

Any advise much appreciated.

[R0b]

Hi

You can appeal/make an application to set aside the judgment and ask for a rehearing, which will of course come at a cost. You will need to provide supporting evidence that you were too unwell to attend the hearing. In future, you’re best bet is to email the court and tell them that you cannot attend rather than phoning the court and at least you have that evidence of making contact.

As for not being able to make any further registrations, I think the judge was referring to registration for a charging order in the future rather than taking any kind of enforcement action which would be akin to granting an appeal to reverse the original CCJ - that would be a serious abuse of the judge’s position and in my view would be a very easy win if you appealed since a judgment creditor should not be prevented from taking enforcement action on a valid judgment unless there are rare exceptional circumstances and those types of circumstances could be counted on one hand.

So I would repeat that the judge is likely to be referring to charging orders only. You still have other methods of enforcement such as bailiffs, attachment of earnings, third party debt order to name a few.

[NOCAB]

Hi

You can appeal/make an application to set aside the judgment and ask for a rehearing, which will of course come at a cost. You will need to provide supporting evidence that you were too unwell to attend the hearing. In future, you’re best bet is to email the court and tell them that you cannot attend rather than phoning the court and at least you have that evidence of making contact.

As for not being able to make any further registrations, I think the judge was referring to registration for a charging order in the future rather than taking any kind of enforcement action which would be akin to granting an appeal to reverse the original CCJ - that would be a serious abuse of the judge’s position and in my view would be a very easy win if you appealed since a judgment creditor should not be prevented from taking enforcement action on a valid judgment unless there are rare exceptional circumstances and those types of circumstances could be counted on one hand.

So I would repeat that the judge is likely to be referring to charging orders only. You still have other methods of enforcement such as bailiffs, attachment of earnings, third party debt order to name a few.

Hi Rob, that's really helpful so thank you ever so much.

The judge has stated that "the claimant shall forthwith vacate all registrations", so I hope you are right re leaving me open to other avenues of enforcement.

I am aware that the defendant has now stated they are proposing to make an application to have the judgement (CCJ) set aside, despite loosing at the initial hearing, then appealing the judges decision which was dismissed, and despite all of this happening over 6 months ago, when he had every opportunity to make a request to set aside judgement then, but he didn't and I thought CPRs state that if you are making this kind of application, you must do so promptly?

If I may, ask, re a third party debt order what does this entail, and how would an attachment of earnings work?

Again any help much appreciated, as I agree that the judge seems to be abusing his position of power, and I would also like two see if anything can be done in this regard.

Many thanks

[R0b]

Can you post up the full contents of the order itself so we can see what sort of order the judge has given and then it might be easier to understand but I do suspect the order is only directed towards the interim charging order being removed based on what you have stated.

[NOCAB]

Can you post up the full contents of the order itself so we can see what sort of order the judge has given and then it might be easier to understand but I do suspect the order is only directed towards the interim charging order being removed based on what you have stated.

Sure,

Upon there being no attendance (I did phone in when I woke up after my migraine) by the claimant and hearing the defendant in person

It is ordered that
1. The interim charging order is discharged
2. The application for a charging order is dismissed
3. The claimant shall forthwith vacate all registrations
4. No order as for costs

[R0b]

So based on the above, I'm pretty confident it relates to the charging order application and nothing else. There would have to be clear and unambiguous language to prohibit you from enforcing the CCJ at all.

Point 3 is really saying that if you have registered any charge on the property then it must be removed.

[NOCAB]

So based on the above, I'm pretty confident it relates to the charging order application and nothing else. There would have to be clear and unambiguous language to prohibit you from enforcing the CCJ at all.

Point 3 is really saying that if you have registered any charge on the property then it must be removed.

Thanks Rob