Spectator N0 2680 : "Two Of A...
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Ccj Issues
Someone has said they intend to open a CCJ on me - for utterly ludicrous and underhand reasons.
i am 100% sure they will not win it, and they are really just being silly.
but i think they may actually follow through.
so when the court etc actually read the claim - and see its ridiculous, will they just dismiss it?
or are they obliged to follow it through and go through it all properly?
i really cannot be bothered to deal with it, though part of me just wants to let them get on with it, let them waste their time - but is this the worst thing i could do?
I could send them a message that would probably make them give up, but i kind of just dont want to even respond.
what happens with a CCJ? is it a lot of hassle to deal with?
Thanks
(dont really want to debate the issue itself - trust me its nonsense)
i am 100% sure they will not win it, and they are really just being silly.
but i think they may actually follow through.
so when the court etc actually read the claim - and see its ridiculous, will they just dismiss it?
or are they obliged to follow it through and go through it all properly?
i really cannot be bothered to deal with it, though part of me just wants to let them get on with it, let them waste their time - but is this the worst thing i could do?
I could send them a message that would probably make them give up, but i kind of just dont want to even respond.
what happens with a CCJ? is it a lot of hassle to deal with?
Thanks
(dont really want to debate the issue itself - trust me its nonsense)
Answers
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I think it's worth letting them proceed, just for the sake of devilry. When their case fails, court costs will be awarded against them and any legal fees you have incurred will be recovered from them!
There is such a thing as "vexatious litigation" but I don't know if it is a specific civil or criminal offence, in UK. The idea is that someone with money to spare can bully the person who was in the right simply because the latter is the "little guy" (or gal), who cannot afford a solicitor to fight their case.
This person may have mistaken you for the latter.
There is such a thing as "vexatious litigation" but I don't know if it is a specific civil or criminal offence, in UK. The idea is that someone with money to spare can bully the person who was in the right simply because the latter is the "little guy" (or gal), who cannot afford a solicitor to fight their case.
This person may have mistaken you for the latter.
Hi joko,
I think that if they do proceed to County Court and you choose to ignore the Court (which is what it would amount to), the judgement would not go in your favour by default.
A few years ago my husband was issued with proceedings and didn't take them too seriously (initially). He couldn't travel to the court for health reasons and his emailed statement was never received. A judgement was consequently issued against him basically for ignoring the court.
We then got a solicitor involved and the initial judgement was set aside and a new court date issued. He won the second time and the judge as much as said the claimant was on a hiding to nothing.
My advice would be (from personal experience), take it seriously if they do proceed. You can do all the forms yourself from the internet and there is a lot of information out there to help you file your statements etc.. Don't forget to enter any of your own costs as you may not recover them from the claimant if they are not documented. If you choose to email them to the court make sure you get an acknowledging email back from the court (sent automatically upon receipt of your email). If you don't then chances are, that for whatever reason their IT system doesn't recognise your email address. We found this out to our cost because the emails were not received but a message doesn't ping back to tell you.
My husband found the whole experience quite enjoyable in the end. The two judges that heard the case were very knowledgeable both being keen pianists (the case involved the sale of a Steinway piano) and apparently they were both very anxious to hear the case.
Treat the court and it's proceedings with respect and you will get the right result.
Jan
I think that if they do proceed to County Court and you choose to ignore the Court (which is what it would amount to), the judgement would not go in your favour by default.
A few years ago my husband was issued with proceedings and didn't take them too seriously (initially). He couldn't travel to the court for health reasons and his emailed statement was never received. A judgement was consequently issued against him basically for ignoring the court.
We then got a solicitor involved and the initial judgement was set aside and a new court date issued. He won the second time and the judge as much as said the claimant was on a hiding to nothing.
My advice would be (from personal experience), take it seriously if they do proceed. You can do all the forms yourself from the internet and there is a lot of information out there to help you file your statements etc.. Don't forget to enter any of your own costs as you may not recover them from the claimant if they are not documented. If you choose to email them to the court make sure you get an acknowledging email back from the court (sent automatically upon receipt of your email). If you don't then chances are, that for whatever reason their IT system doesn't recognise your email address. We found this out to our cost because the emails were not received but a message doesn't ping back to tell you.
My husband found the whole experience quite enjoyable in the end. The two judges that heard the case were very knowledgeable both being keen pianists (the case involved the sale of a Steinway piano) and apparently they were both very anxious to hear the case.
Treat the court and it's proceedings with respect and you will get the right result.
Jan
If unsuccessfully defend an application for a CCJ against you (or attend the court and agree to it anyway) you will be given the opportunity to declare your means and the court will order you to pay the money at a rate you can afford.
If you fail to defend the application (and simply don't turn up at court) an order will be made for you to pay the full amount straight away.
If you then don't comply with the terms of the CCJ the person who obtained it can:
(a) ask the court to order you to attend, to declare your means. [If you fail to turn up you can be sent to prison] ; and
(b) ask the court for an order forcing your employer to pay the money directly from your wages OR freeze the money in your bank account OR send in bailiffs to seize your property to pay off the debt OR have a charge placed on your property.
(You definitely don't want to go down the route of bailiffs, as you'll lose property worth far more than the debt. For example a TV that cost you £500 might only sell for £80 at auction. The auctioneer's charges and the bailiff's charges could take up £50 of that, so losing a £500 telly would only pay off £30 of your debt).
After a CCJ is made you've got a month to pay the debt off in full and you can then get the CCJ removed from the record straight away. If you don't it will remain on file for 6 years. (It's a public record and can be seen online). During that period you'd be unlikely to offered any credit. (That doesn't just relate to things like credit cards; you'd also probably be unable to take out a contract on a new mobile phone plan).
If you fail to defend the application (and simply don't turn up at court) an order will be made for you to pay the full amount straight away.
If you then don't comply with the terms of the CCJ the person who obtained it can:
(a) ask the court to order you to attend, to declare your means. [If you fail to turn up you can be sent to prison] ; and
(b) ask the court for an order forcing your employer to pay the money directly from your wages OR freeze the money in your bank account OR send in bailiffs to seize your property to pay off the debt OR have a charge placed on your property.
(You definitely don't want to go down the route of bailiffs, as you'll lose property worth far more than the debt. For example a TV that cost you £500 might only sell for £80 at auction. The auctioneer's charges and the bailiff's charges could take up £50 of that, so losing a £500 telly would only pay off £30 of your debt).
After a CCJ is made you've got a month to pay the debt off in full and you can then get the CCJ removed from the record straight away. If you don't it will remain on file for 6 years. (It's a public record and can be seen online). During that period you'd be unlikely to offered any credit. (That doesn't just relate to things like credit cards; you'd also probably be unable to take out a contract on a new mobile phone plan).
You cant let this go Joe
If you get the claim defend it.
Now it has to be in the form of a witness statement but the court will tell you how to do one of those
Douments mustbe given to all parties ( defendant and the Court )
and off you go !
No they will not say - this is ridiculous chuck it out...
and having a default judgement against you is as much or more of a pain in the *** than losing a defended claim.
// what happens with a CCJ? is it a lot of hassle to deal with? //
yes it is alot of hassle to deal with
you must be bothered to deal with this
it may seriously affect your wealth
If you get the claim defend it.
Now it has to be in the form of a witness statement but the court will tell you how to do one of those
Douments mustbe given to all parties ( defendant and the Court )
and off you go !
No they will not say - this is ridiculous chuck it out...
and having a default judgement against you is as much or more of a pain in the *** than losing a defended claim.
// what happens with a CCJ? is it a lot of hassle to deal with? //
yes it is alot of hassle to deal with
you must be bothered to deal with this
it may seriously affect your wealth
//It depends what you call "hassle," PP. Fill a few forms in, pop them in the post, turn up at court at the specified date and defend yourself.
I don't call that, hassle. //
Neither do I Chrissa my sweet - read my post - your comment is relevant to defending a case ["Fill a few forms in, pop them in the post, turn up at court at the specified date and defend yourself." ]
However the q was: " what happens with a CCJ? is it a lot of hassle to deal with? " - an undefended CCJ ( J is judgement by the way not case ) you have to apply to have it set aside and then go thro er all the hassle of defending it once more. More forms and more money
If you lose a defended small claims case and thereby earn a CCJ the only appeal is on a point of law.... lots and lots of hassle
thx for reading
I don't call that, hassle. //
Neither do I Chrissa my sweet - read my post - your comment is relevant to defending a case ["Fill a few forms in, pop them in the post, turn up at court at the specified date and defend yourself." ]
However the q was: " what happens with a CCJ? is it a lot of hassle to deal with? " - an undefended CCJ ( J is judgement by the way not case ) you have to apply to have it set aside and then go thro er all the hassle of defending it once more. More forms and more money
If you lose a defended small claims case and thereby earn a CCJ the only appeal is on a point of law.... lots and lots of hassle
thx for reading
Hypo if you try to sue the pope for a million pounds on the grounds it is the Cruel See, it will get chucked out at source
otherwise it will go forward
One of my tenants took the view of saying that no date for anything was suitable and any letter about the case was harassment and she has just been saddled with a CCJ. ( which she is still thinking about )
Another ex-tenant is paying off arrears from three years ago as he has been told he cant be restored to a professional register ( and therefore work ) until he has paid off his debts. He was the one who told me to ....f off when I asked for rent and when I said then why dont you leave ? answered he had no where to go. So obviously I had to go to court
They are a lot of .... hassle - CCJs I mean
otherwise it will go forward
One of my tenants took the view of saying that no date for anything was suitable and any letter about the case was harassment and she has just been saddled with a CCJ. ( which she is still thinking about )
Another ex-tenant is paying off arrears from three years ago as he has been told he cant be restored to a professional register ( and therefore work ) until he has paid off his debts. He was the one who told me to ....f off when I asked for rent and when I said then why dont you leave ? answered he had no where to go. So obviously I had to go to court
They are a lot of .... hassle - CCJs I mean
thanks everyone
her case hinges on basically she feels upset and messed about and that its 'just not fare!' (sic) - i don't actually 'owe' her any money - she just wants some off me for i suppose what she would call the 'pain and suffering' ... of being 'messed about' and being 'past from pillow to post' - as she has called it.
Aside from the fact that none of what happened in remotely my fault ... what she is claiming i did that was so wrong, is not only not a criminal offence ... its not even 'bad', lots of people do it and its no big deal ... it was basically a mix up and subsequent delay - thats it.
my case hinges on the fact that she is a scam artist and the reason she is upset is that her scam didn't work on me - she lost out and is upset.
I have loads of evidence and suspicious behaviour i can prove in the form of photos, evasive messages, lies, discrepancies, things that just don't make sense etc etc.
Detective Inspector Joko, of the yard, really went to town on this - haha
I guess i was just hoping that when the clerk reads the complaint they may say there is no actual legal case to try here, no contract or law has been broken etc
oh and taking a day off work, preparing a case, gathering all the evidence etc and travelling to court and spending the day there dealing with a nonsense claim- is kind of a hassle
her case hinges on basically she feels upset and messed about and that its 'just not fare!' (sic) - i don't actually 'owe' her any money - she just wants some off me for i suppose what she would call the 'pain and suffering' ... of being 'messed about' and being 'past from pillow to post' - as she has called it.
Aside from the fact that none of what happened in remotely my fault ... what she is claiming i did that was so wrong, is not only not a criminal offence ... its not even 'bad', lots of people do it and its no big deal ... it was basically a mix up and subsequent delay - thats it.
my case hinges on the fact that she is a scam artist and the reason she is upset is that her scam didn't work on me - she lost out and is upset.
I have loads of evidence and suspicious behaviour i can prove in the form of photos, evasive messages, lies, discrepancies, things that just don't make sense etc etc.
Detective Inspector Joko, of the yard, really went to town on this - haha
I guess i was just hoping that when the clerk reads the complaint they may say there is no actual legal case to try here, no contract or law has been broken etc
oh and taking a day off work, preparing a case, gathering all the evidence etc and travelling to court and spending the day there dealing with a nonsense claim- is kind of a hassle
>>>taking a day off work, preparing a case, gathering all the evidence etc and travelling to court and spending the day there dealing with a nonsense claim- is kind of a hassle
. . . but it's better than letting her win. Remember to ask the court to make an order for her to pay your costs:
http://
. . . but it's better than letting her win. Remember to ask the court to make an order for her to pay your costs:
http://
yes i have it already.
My sister thinks its fake - because it so dreadfully written - is that possible?
She thinks it would have been filled in by a professional - but it looks like Vicky Pollard has filled it in - full of spelling errors, waffley, actual claim is also unclear - and the fact that there is no actual debt.
She also has a 'friend' who she implied was her solicitor - who it turns out is just a litigation assistant ... could she have authorised these forms as a favour? The company itself feature on a number of those 'solicitors from hell' type websites ...
It also seems it may not be a CCJ - thats what she keeps saying to me - but the claim itself says County Court Business Centre, and that Its a Claim Form - or is basically the same thing?
thanks all
My sister thinks its fake - because it so dreadfully written - is that possible?
She thinks it would have been filled in by a professional - but it looks like Vicky Pollard has filled it in - full of spelling errors, waffley, actual claim is also unclear - and the fact that there is no actual debt.
She also has a 'friend' who she implied was her solicitor - who it turns out is just a litigation assistant ... could she have authorised these forms as a favour? The company itself feature on a number of those 'solicitors from hell' type websites ...
It also seems it may not be a CCJ - thats what she keeps saying to me - but the claim itself says County Court Business Centre, and that Its a Claim Form - or is basically the same thing?
thanks all
Most small claims are now made online. Anyone doing it the old-fashioned way needs to complete this form:
http://
http://
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