Surprise CCJ

[mixedracechica]

Hi all,

My husband checked his credit file today and we found that the builder we used to complete some works for us in April has ordered a CCJ against us.
We never received notice of court action.
To date he hasn't completed the work requested and the work he did do needed to be replaced or redone as a result of poor workmanship.
We have repeatedly requested an invoice or receipts to validate his new figure of £6000 (the initial figure being £2000) and none have been provided.

Just wondering what do we do?

[Amethyst]

Re: Surprise CCJ

When you say ordered a CCJ - do you mean you have a notice from the court about judgment, or you've received court papers ?

[mixedracechica]

Re: Surprise CCJ

Hi, sorry for not being clear. What I mean is we have a CCJ against us and we had no prior knowledge until he checked he credit score, which is now very poor due to the CCJ. We called the order and the CCJ was issued in October and the court papers were sent to the wrong address so we didn't have the change to stop it

[nemesis45]

Re: Surprise CCJ

Hi, sorry for not being clear. What I mean is we have a CCJ against us and we had no prior knowledge until he checked he credit score, which is now very poor due to the CCJ. We called the order and the CCJ was issued in October and the court papers were sent to the wrong address so we didn't have the change to stop it

Hi.
Do you know the address to which court claim was sent?
It a previous address of yours?

nem

[mixedracechica]

Re: Surprise CCJ

Hi.
Do you know the address to which court claim was sent?
It a previous address of yours?

nem

Hi, yes it was sent to the property in which the works were carried out, however the builder knew it was a rental property and had our actually address as he was employed via the letting agent

[nemesis45]

Re: Surprise CCJ

Hi, yes it was sent to the property in which the works were carried out, however the builder knew it was a rental property and had our actually address as he was employed via the letting agent

Ok " he was employed by the letting agent" was the agent responsible for
instructing and supervising the builder?

I presume he was made fully aware that he should send all bills/invoices to
your home address?

nem

[mixedracechica]

Re: Surprise CCJ

Ok " he was employed by the letting agent" was the agent responsible for
instructing and supervising the builder?

I presume he was made fully aware that he should send all bills/invoices to
your home address?


nem

No, the agent just instructed him. He was aware that any invoices need to be sent either to our address or preferably emailed to us. We repeated asked him to provide an invoice but all we got was a verbal request for money and an email demanding we pay. But no invoice

[nemesis45]

Re: Surprise CCJ

Is it your intention to make application for the judgement to be set aside?
If so it needs to done quickly!
Have you checked at the property for the court papers?

nem

[mixedracechica]

Re: Surprise CCJ

Is it your intention to make application for the judgement to be set aside?
If so it needs to done quickly!
Have you checked at the property for the court papers?

nem

We are sending the N244 form off today to get the judgement put aside. We went to the property in December to collect and mail and nothing was there.
After the judgement is set aside, do we still need to pay him considering he didn't finish the job, lots of work had to be redone and he still haven't given us an invoice.

[nemesis45]

Re: Surprise CCJ

We are sending the N244 form off today to get the judgement put aside. We went to the property in December to collect and mail and nothing was there.
After the judgement is set aside, do we still need to pay him considering he didn't finish the job, lots of work had to be redone and he still haven't given us an invoice.

As to what you may or may not have to pay the builder that will be for the judge to consider.
You have to have a defence to the original claim e.g. no invoices have been rendered for payment, had you received
the claim you would have defended on the basis that the work was "faulty" and remedial work was needed at cost equivalent to
or more than the amount claimed.

That's how I see it.

nem

[mystery1]

Re: Surprise CCJ

You have to have a defence to the original claim

Although it doesn't matter in this case as there is a defence, i should point out that this only applies to cases subject o 13.3. Cases such as this one are subject to 13.2 and MUST be set aside even if there is no defence and setting aside is entirely pointless.

M1