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Fighting a CCJ

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  • Fighting a CCJ

    My granddaughter received a CCJ for invoice bills to a flat in a property she lets. She informed the managing agents that she would be letting the flat. In the Lease, Licence and Title Register she has a home address. (A different property). Invoices were sent to the rented property with one post box so all 4 flats received. Nothing was forwarded until a Judgement for Claimant was received from I assume a bailiff. It was paid immediately. It was a cost of £4K

    I am completing a draft N244 to strike the CCJ and for costs.
    Questions:
    Is it worth doing this even though its a real injustice due to the negligence of the Managing agents part?
    Is it better filed by me on behalf of my granddaughter and reviewed by Legal Beagles knowing they have evaluated its all correct and posted to the courts OR through hire a lawyer for them to do it all?
    Tags: None

  • #2
    Who is the claimant?

    It may well be worth applying to set aside the judgement.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      The Claimant is a property company, (not sure it makes sense to name and shame now), that use their managing agents to deal with the problems

      Comment


      • #4
        Please read the article "How to Set Aside a Default Judgement with the Claimant's Consent" at www.masonbullock.co.uk

        Setting aside a default judgement is faster and easier with the claimant's consent. Your granddaughter should write to the claimant seeking their consent and ask if they can assist in preparing the draft order.
        She should explain to the company that she did not receive any court documents as they were not sent to her home address and that she paid the judgement in full as soon as she was made aware

        The draft order is filed with the court included with a N244 application form and payment of £123 court fee

        Comment


        • #5
          Originally posted by Pezza54 View Post
          Please read the article "How to Set Aside a Default Judgement with the Claimant's Consent" at www.masonbullock.co.uk

          Setting aside a default judgement is faster and easier with the claimant's consent. Your granddaughter should write to the claimant seeking their consent and ask if they can assist in preparing the draft order.
          She should explain to the company that she did not receive any court documents as they were not sent to her home address and that she paid the judgement in full as soon as she was made aware

          The draft order is filed with the court included with a N244 application form and payment of £123 court fee
          Thank you, that was my first choice but the Claimants lawyers have written back that the File is Closed!

          Comment

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