Charging Order On Leasehold Flat
Law0 min ago
ccj
6 Answers
i had two ccjs made against me some time ago for something that was not my debt ,I worked as a manager for a small garage and was left to run the garage on a day to day basis I signed for some work to be carried out on behalf of the garage as the owners were never there ,it was not a limited company ,roughly two months later they closed the garage leaving a few debts behind them this one included ,the company then come after me for the money I tried to explain this to them but they were not inerested I tried to appeal and the judge went in there favour as I was "held too" the debt as i had signed for it ,at the time it first went to court I had moved and didnt find out about the judgement until the bailifs knocked on my door at wich point i promptly paid it as i had no other choice I am not bothered about the money as it didnt even come to five hundred pounds but this was not in the first month as they say they couldnt find me is there anything i can do to set aside the judgements as they are becoming a pain.If not the lesson to be learnt is never sign for anything no matter who you work for.
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PART 1.
Yes! You can do this very easily, but it will cost you a few quid.
Firstly, you will need to find out the name of the court where the cases were heard - and get the case numbers.
As you do this, you will need to open dialogue with the people who took you to court. Ask them to send you detail of the debt (even if you already have this) and ask them if they are willing to offer you a 'full and final settlement' figure.
Don't worry if they ask for the full whack, just make the request.
Next stage is to go to a solicitor and swear an affadavit that you did no receive the summonses (and I'm sure you can't tremember receiving these, eh?). Go to a Commissioner for Oaths, as they are generally more credible.
Now you need to send these affadavits to the court and ask for the original judgement to be set aside so you can prepare a defence.
The ccj will be set aside and you can obtain proof of this.
This should be sent to the Credit Reference Agencies asap. Make sure they have received them and make sure that they remove the entries.
Now then, back to the people who took you to court.
As the cases are live again, you will need to settle the amounts with them - or they will simply refer back to the court and you're back to square one. But negotiate the deal with them - don't forget that going back to court will probably cost them money too, so factor that into the equation.
Close the deal and get them to give you letters confirming "full and final settlement" and that no further action will be taken.
These need to be dated after the affadavit and before the new hearing.
Then submit these to the court in advance of the hearing, or at the hearing and say that in the wake of realising the problem you have settled with the plaintiff.
Yes! You can do this very easily, but it will cost you a few quid.
Firstly, you will need to find out the name of the court where the cases were heard - and get the case numbers.
As you do this, you will need to open dialogue with the people who took you to court. Ask them to send you detail of the debt (even if you already have this) and ask them if they are willing to offer you a 'full and final settlement' figure.
Don't worry if they ask for the full whack, just make the request.
Next stage is to go to a solicitor and swear an affadavit that you did no receive the summonses (and I'm sure you can't tremember receiving these, eh?). Go to a Commissioner for Oaths, as they are generally more credible.
Now you need to send these affadavits to the court and ask for the original judgement to be set aside so you can prepare a defence.
The ccj will be set aside and you can obtain proof of this.
This should be sent to the Credit Reference Agencies asap. Make sure they have received them and make sure that they remove the entries.
Now then, back to the people who took you to court.
As the cases are live again, you will need to settle the amounts with them - or they will simply refer back to the court and you're back to square one. But negotiate the deal with them - don't forget that going back to court will probably cost them money too, so factor that into the equation.
Close the deal and get them to give you letters confirming "full and final settlement" and that no further action will be taken.
These need to be dated after the affadavit and before the new hearing.
Then submit these to the court in advance of the hearing, or at the hearing and say that in the wake of realising the problem you have settled with the plaintiff.
The cases will be closed - no new judgement and the old judgement removed.
Sure, it will cost you - but better to spend a few quid now that to have your credit rating and future screwed for the next six years - which is how long a CCJ sits on your credit file.
The above is a rough guide - but in principle it should work for you.
Quite possibly, the people who took you to court might give you a letter confirming that the debt has been fully satisfied as you say that you have paid the Bailiffs.
You could send them the Bailiff's receipt proving this.
Then all you need is a letter from the plaintiff confirming that the debt has been satisfied and that no further enforcement action will be taken.
Do not present anything to do with Bailiffs in court - this is a signal that you have accepted the debt as yours - why else would you have paid?
Ignore everything Scotchollie has said. It will not work and some of it could be in effect committing an offence by pretending you did not pay the debt and that you have a defence to it.
In any case, for the Court to set aside the judgement you would have to convince them not only that you did not receive the claim but also that you do have a good defence which is likely to mean the outcome would be different if the case went back to Court. As I understand it, at some stage you went to Court and put your argument to the judge but he did not accept it. You also paid the debt. Therefore you cannot go back to Court on this now.
I think that all you can do is to try to get the people who got you into this mess - the garage owners - to admit that they were the people who really owed the money and to pay it to you. If they were willing to do this in writing you could ask for a note of explanation to be added to your CRA records.
In any case, for the Court to set aside the judgement you would have to convince them not only that you did not receive the claim but also that you do have a good defence which is likely to mean the outcome would be different if the case went back to Court. As I understand it, at some stage you went to Court and put your argument to the judge but he did not accept it. You also paid the debt. Therefore you cannot go back to Court on this now.
I think that all you can do is to try to get the people who got you into this mess - the garage owners - to admit that they were the people who really owed the money and to pay it to you. If they were willing to do this in writing you could ask for a note of explanation to be added to your CRA records.
Themas - read my answer!
I have not stated anywhere that this man should pretend he did not pay the debt!
Weston says that he had moved when the matter first went to court - accordingly, if he did not get the summons, he can apply to the court to have the case re-heard.
Moreover, I go on to state that he needs to make sure the amount is settled before going back to the court.
Absolutely nothing in my post is illegal.
What you suggest saddles this man with six years of negative CCJ information on his credit file and any notice of correction on his credit file (which can only be 250 words max) is unlikely to sway a future lender who will see the CCJs and think better of it.
Please - read the question and the answer before you weigh in and give your tuppence worth.
I have not stated anywhere that this man should pretend he did not pay the debt!
Weston says that he had moved when the matter first went to court - accordingly, if he did not get the summons, he can apply to the court to have the case re-heard.
Moreover, I go on to state that he needs to make sure the amount is settled before going back to the court.
Absolutely nothing in my post is illegal.
What you suggest saddles this man with six years of negative CCJ information on his credit file and any notice of correction on his credit file (which can only be 250 words max) is unlikely to sway a future lender who will see the CCJs and think better of it.
Please - read the question and the answer before you weigh in and give your tuppence worth.
Ollie
What does the final para. of your long post mean if it does not mean he was to conceal from the Court that he had paid the debt to the bailiffs? That was certainly what I took it to imply.
Perhaps "committing an offence" was a bit strong, but I can well imagine the judge being extremely concerned if he/she found out the debt had been paid to bailiffs and this had not been disclosed by the defendant when requesting the set aside.
What does the final para. of your long post mean if it does not mean he was to conceal from the Court that he had paid the debt to the bailiffs? That was certainly what I took it to imply.
Perhaps "committing an offence" was a bit strong, but I can well imagine the judge being extremely concerned if he/she found out the debt had been paid to bailiffs and this had not been disclosed by the defendant when requesting the set aside.
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