CCJ the Claimant provides the 'wrong' bank details

[Groupthink]

I have read the advice on here regarding CCJ - Thank you, however:
The Court made an interim Cost Order against me (Defendant) for £180, giving me 14 days to pay.
On the 14th day, the order arrived in the post.
On the 14th day, I was emailed by the Managing Director of the Claimant (the business), the bank details to make the payment - I attempted to make the payment by electronic transfer, but was warned that the bank details were a business account and not in the account name of the Claimant. I did not make the payment; I thereby failed to comply with the Cost Order.

The payment details that were provided were the personal bank details of the MD, subsequent correspondence revealed that the MD insisted that the payment was to be made to him and not the firm.
I did not make a payment to the MD, as I believed that in doing so, I would not have satified the Cost Order.

I subsequently received a CCJ, unbeknown to me at the time. I have queried this with the Court and whilst not typical, it is nevertheless valid. They confirm that the Court is not responsible for providing the payment bank details and that they won't accept the payment themselves - both which seem fair. I do not have a cheque book and I am advised the cash is a definate no no.

I respectfully ask for advice, where, as in this case the MD of the Claimant attempts to pocket the money for himself.

Can I request a set aside on the discretionary basis of either:
2. there is some other good reason why:

(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

Further, it sounds to me like the MD is attempting to commit fraud and in doing so, making me an accessory.....?

Any thoughts, so far?

I think I have posted this in the wrong thread, how do I move it?

[atticus]

Did you at any point attempt to clarify the account to which to send payment?

[Groupthink]

Yes, I did several times and the same answer given, his response was that the money was to go to him personally. It was because I could get no further with him, that I looked around for directions from the Court for example.

It is fair to say that I didn't contact him immediately, I was a bit overwhelmed at the time, but in answer I contacted the claimant half a dozen times or so.

[Pezza54]

Have I got this right or am I missing something?
You stated you were provided with MD's personal bank details but when you entered these details to make electronic payment, your bank warned you this was a business account. Did the name of the business account match the claimant's name?

[Groupthink]

Have I got this right or am I missing something?
You stated you were provided with MD's personal bank details but when you entered these details to make electronic payment, your bank warned you this was a business account. Did the name of the business account match the claimant's name?

No.

Just recalling, I believed that I needed to pay the business, so when I entered the details, I stated that it was a business account. The online electronic transfer system gives various warning messages to help to prevent fraud and the like. In this case, it warned me that the account was not a business account - being cautious, I took heed of the warning and did not make the payment, but emailed the MD to query the details given.

I think that I was right to query the details at the time, and this is an extract of my initial query:
"I have attempted to set up a payment for the costs of £180.00 but the bank responded informing me that the account that you provided is not in the businesses name, please can you check that you have provided it correctly"

as it then transpired that the MD was in fact claiming the funds for himself, this is a response "This is the correct account. The costs order was made to xxxx and xxxx.

This is xxx’s own account."

Noting that the other director also made a claim on the £180, but she appears to be happy for the payment to be made to the MD.

Thank you for taking the time to respond, I hope that this is clearer.