Lowell CCJ Advice - Help please!

[soursocrates]

Hi guys,. sorry just a quick one. I am just thinking about this comment i made previously about possible outcomes of a next step trial:

'' If Lowell wins, then a CCJ in my actual name (and not the incorrect one) will be applied, with me having to then pay their court costs and officially ordered to pay the CCJ judgement, which will be a new (due to the original default judgement from 2 years ago being set aside) and will be dated from the new trial date and on my record for 6 years from that point i would assume. This naturally is the worst case scenario & outcome for me.''

If in this worst case scenario i were to lose a trial and a CCJ was lodged against me for one or both of those debts, due to the original judgment being set aside, would i not be able to just pay the debt cost immediately within 28 days to stay the registry from ever noting that I had a CCJ in the first place? I remember seeing that if a judgment is paid promptly, a CCJ isn't entered. If that's the case, I have essentially won, being that the only thing i can lose from here on out is more money & my core objective was to remove the CCJ from my credit profile.

Hopefully this makes sense, any thoughts?

[echat11]

Hi guys,. sorry just a quick one. I am just thinking about this comment i made previously about possible outcomes of a next step trial:

'' If Lowell wins, then a CCJ in my actual name (and not the incorrect one) will be applied, with me having to then pay their court costs and officially ordered to pay the CCJ judgement, which will be a new (due to the original default judgement from 2 years ago being set aside) and will be dated from the new trial date and on my record for 6 years from that point i would assume. This naturally is the worst case scenario & outcome for me.''

If in this worst case scenario i were to lose a trial and a CCJ was lodged against me for one or both of those debts, due to the original judgment being set aside, would i not be able to just pay the debt cost immediately within 28 days to stay the registry from ever noting that I had a CCJ in the first place? I remember seeing that if a judgment is paid promptly, a CCJ isn't entered. If that's the case, I have essentially won, being that the only thing i can lose from here on out is more money & my core objective was to remove the CCJ from my credit profile.

Hopefully this makes sense, any thoughts?

I believe that is correct. You could just pay the amount owed, claim back the Court costs, as the previous Judgement has been set aside, there would be no need for a further Hearing, providing Overdales / creditor agree to that.

What are you thinking of doing?

[soursocrates]

Thanks Echat - that's what i thought. Well, i have sent the email with the full and final settlement offer already. So that is my number one option, but I was just wondering as to whether or not I was correct in being able to get the notion of having a CCJ stuck to my credit profile for the next 6 years no matter what happens from here on out out of my head as a list of possibilities.

Even in the event of a worst case scenario with a decline of my settlement offer and losing a trial, all i will have to do is pay the costs and whatever judgment. So, either way, I should have no CCJ which means mission accomplished. I am fortunate enough to have an emergency fund to be able to dig into to pay these things should the need arise. So yeah, overall I'm incredibly happy at this result. Just wanted to confirm whether or not i was right to be so happy!

[echat11]

Update when you get a response.

[soursocrates]

Hey guys - have an update. They have rejected my settlement offer and have lodged an appeal, to be expected really as a last chance saloon i would have thought? Their main points are that since it is not my name on the judgment, i have no right to have put forward the set aside application in the first place which was the argument that was raised in the hearing as well. I've attached a redacted pdf of their application and their email response. Please let me know your thoughts!

[echat11]

Hey guys - have an update. They have rejected my settlement offer and have lodged an appeal, to be expected really as a last chance saloon i would have thought? Their main points are that since it is not my name on the judgment, i have no right to have put forward the set aside application in the first place which was the argument that was raised in the hearing as well. I've attached a redacted pdf of their application and their email response. Please let me know your thoughts!

Nothing lost in your attempt to settle the matter, email another offer, something that you are happy with.

I wonder if they've actually lodged it with the Appeal Court. It's all a bit suspect, they've not attached the Order they are Appealing.

Will have a read.

[soursocrates]

Nothing lost in your attempt to settle the matter, email another offer, something that you are happy with.

I wonder if they've actually lodged it with the Appeal Court. It's all a bit suspect, they've not attached the Order they are Appealing.

Will have a read.

Thanks echat - yeah, i will send another offer. I think £500. as a final offer. Then if rejected It will likely have to go to a trial i guess? I would think i should also submit a reimbursement request with the courts from my n244 form in that case as well. Thanks, let me know your thoughts if you manage to take a read!

[soursocrates]

Response following my revised offer of 500 pounds:

"Thank you for your further email of yesterday’s date.

In view of the pending appeal, on grounds we think are extremely sound, we cannot in conscience advise our client to accept any offer to settle the matter at any discount without awaiting the outcome. As matters now stand, therefore, we would require settlement in full to prevent the matter proceeding.

Should the appeal fail – which, given the points of law raised, we do not believe likely – we would of course be back in the rather strange position created by the last Order, and set out in the Appellant’s Notice. At that point we will be in a position to consider whether any sort of compromise settlement, rather than letting the Claim take its course, would be in our client’s best interest.

Kind regards,"

[echat11]

Response following my revised offer of 500 pounds:

"Thank you for your further email of yesterday’s date.

In view of the pending appeal, on grounds we think are extremely sound, we cannot in conscience advise our client to accept any offer to settle the matter at any discount without awaiting the outcome. As matters now stand, therefore, we would require settlement in full to prevent the matter proceeding.

Should the appeal fail – which, given the points of law raised, we do not believe likely – we would of course be back in the rather strange position created by the last Order, and set out in the Appellant’s Notice. At that point we will be in a position to consider whether any sort of compromise settlement, rather than letting the Claim take its course, would be in our client’s best interest.

Kind regards,"

It's costing them monies, if they really do intend to Appeal. Update the thread when you get news.

[soursocrates]

It's costing them monies, if they really do intend to Appeal. Update the thread when you get news.

Do you think i should begin the process of trying to get my n244 money back at this point since they are pursuing appeal and denied my offer? or should i leave that until i hear back whether it is denied or upheld etc? What would you do in my position?

[echat11]

Do you think i should begin the process of trying to get my n244 money back at this point since they are pursuing appeal and denied my offer? or should i leave that until i hear back whether it is denied or upheld etc? What would you do in my position?

I'd claim the money back.

Also, they've turned your 'offers' down, so you can revisit the 'offers' you want to make again. You tried to 'save' further costs, but they declined your offer.

[soursocrates]

thanks - yeah i'm going to claim it back. How do i begin this process? any ideas? i'm assuming i'm allowed to claim this back as standard without it being explicitly mentioned in the set aside judgment?

[soursocrates]

thanks - yeah i'm going to claim it back. How do i begin this process? any ideas? i'm assuming i'm allowed to claim this back as standard without it being explicitly mentioned in the set aside judgment?

Also in terms of application fees, can i purely only claim back the fees from the application fee itself, or can i claim back things like postage and holiday time off work that i spent for the court etc?

[soursocrates]

Managed to find the form online - doesn't have any mention of other cost inclusions besides the form itself, so i've just claimed the fee for the application. I used this one: https://assets.publishing.service.go...efund_form.pdf & sent via email. Will apparently hear back within 5 working days, and if no issues, the refund will come in 20 working days.

[echat11]

Managed to find the form online - doesn't have any mention of other cost inclusions besides the form itself, so i've just claimed the fee for the application. I used this one: https://assets.publishing.service.go...efund_form.pdf & sent via email. Will apparently hear back within 5 working days, and if no issues, the refund will come in 20 working days.

Double check with the Court.