lost set aside application

[Carter1]

Hi looking for some advice here and hoping somebody can put me in the right direction. I lost my case with the county court to have my ccj set aside. As a result the judge ordered that I pay the claimants costs. Since the case, 5 months has passed I have not received any letter or chaser from the claimant regarding the costs. As the time of the application all I received was a breakdown of the costs incurred by the claimant solicitors within their witness statement but not any info of who and where it need to be paid to. Do I need to contact the claimant solicitors regarding settlement of their costs??? I just do not want to get more nasty surprise from anyone or a knock on my door from a baliff?? I am a lost what to do!

[nemesis45]

Re: lost set aside application

Hi looking for some advice here and hoping somebody can put me in the right direction. I lost my case with the county court to have my ccj set aside. As a result the judge ordered that I pay the claimants costs. Since the case, 5 months has passed I have not received any letter or chaser from the claimant regarding the costs. As the time of the application all I received was a breakdown of the costs incurred by the claimant solicitors within their witness statement but not any info of who and where it need to be paid to. Do I need to contact the claimant solicitors regarding settlement of their costs??? I just do not want to get more nasty surprise from anyone or a knock on my door from a baliff?? I am a lost what to do!

Hi welcome have you received an order from the court i.e . what did the judge say was this to be paid forthwith or were you to negotiate a payment with the claimant.

nem

[Carter1]

Re: lost set aside application

Hi, no order has been received from the court. On the day of the case the judge rejected my set aside application and told me I was liable for the claimants costs. I was not told of anytime period the costs had to be paid by and I have not made any settlement offer as yet. The CCJ was a result of combination of events which basically when I looked into it was SB debt and by which time I left it too late to have the CCJ set aside on SB basis.

[nemesis45]

Re: lost set aside application

Hi, no order has been received from the court. On the day of the case the judge rejected my set aside application and told me I was liable for the claimants costs. I was not told of anytime period the costs had to be paid by and I have not made any settlement offer as yet. The CCJ was a result of combination of events which basically when I looked into it was SB debt and by which time I left it too late to have the CCJ set aside on SB basis.

Emm sounds like the judge has left it to the claimant and not ordered any specific repayment.

May be worth a check with the court if they say there is no order then it's down to the claimant to
pursue payment.

nem

[FlamingParrot]

Re: lost set aside application

Hi, no order has been received from the court. On the day of the case the judge rejected my set aside application and told me I was liable for the claimants costs. I was not told of anytime period the costs had to be paid by and I have not made any settlement offer as yet. The CCJ was a result of combination of events which basically when I looked into it was SB debt and by which time I left it too late to have the CCJ set aside on SB basis.

Can I ask what was the value of the claim? Because costs are rarely awarded on the small claims track unless a party's behaviour is regarded by the judge as unreasonable, and applying to set aside a CCJ because the debt was SBd at the time the claim was issued doesn't sound unreasonable to me.

Costs have to be assessed and that can take time, if you haven't received a costs order yet you couldn't be expected to make a repayment offer towards it. The CCJ is separate from the costs order, and in the absence of any repayments, they can apply to enforce it in various ways so it's best to get that one sorted out. :thumb:

[FlamingParrot]

Re: lost set aside application

Hi looking for some advice here and hoping somebody can put me in the right direction. I lost my case with the county court to have my ccj set aside. As a result the judge ordered that I pay the claimants costs. Since the case, 5 months has passed I have not received any letter or chaser from the claimant regarding the costs. As the time of the application all I received was a breakdown of the costs incurred by the claimant solicitors within their witness statement but not any info of who and where it need to be paid to. Do I need to contact the claimant solicitors regarding settlement of their costs??? I just do not want to get more nasty surprise from anyone or a knock on my door from a baliff?? I am a lost what to do!

If you haven't got a costs order you cannot be expected to be paying it. Also bear in mind that under the new regulations, you would receive a notice of enforcement giving you at least 7 clear days (which exclude Sundays and BHs) before any bailiff visit. If you were to receive such a notice, you could apply to suspend the warrant by submitting an N245 form to the court that issued the warrant, some there's no need to live in fear. :thumb:

[Carter1]

Re: lost set aside application

Thanks all. Having re-read the general form of judgement/order letter that received from the county court it states that the claimants costs are be added to the judgement debt. So, I take it then as well as the original CCJ Debt the costs are therefore added to this! The value of the claim is for 3k, I did point out that my understanding that I thought I would not incur costs however the judge said only if the case was held under the small claims court?

[FlamingParrot]

Re: lost set aside application

Claims below £10k are normally allocated to small claims and yours falls into that category. It is possible that the costs referred to were just the ones that were already included in the original claim which resulted in judgment against you, the amounts added to the debt as solicitor's costs and court fee.

[nemesis45]

Re: lost set aside application

Thanks all. Having re-read the general form of judgement/order letter that received from the county court it states that the claimants costs are be added to the judgement debt. So, I take it then as well as the original CCJ Debt the costs are therefore added to this! The value of the claim is for 3k, I did point out that my understanding that I thought I would not incur costs however the judge said only if the case was held under the small claims court?

This is a Small Claims matter and the cost will have been factored in to the original claim, so I think the judges comment was purely intended to remind you of that fact.

nem