4 year old CCJ come back to haunt

[DavidS1974]

Hi can anyone please help,

 

4 years ago a business I bought from so called friends under serious mislead and pressure into buying was handed back to said friends.

 

The original business agreement was to buy in monthly instalments from friends and take over the lease of the business premises,

which as I found out was done illegally also.

 

Now when I gave the business back after struggling for 18 months and making a huge loss

and being unable to secure the lease fom the premises owner I was hit with a huge CCJ from said so called friends.

 

I sought advice way back then and was told by Citizens Advice Bureau that if I didn't act in any way toward the CCJ

then it would be seen as I have rejected it and after 6 years would go off records.

 

I have worried over this now for years and hey presto it's reared it's ugly head in the way of an attachment of earnings order from the courts

and the creditor being said so called friend.

 

I am absolutely worried sick about this as I have been given 8 days to respond or pay, what do I do?

 

I fiercely object the CCJ as the business was handed back and I think it was served out of spite.

 

Hope someone can help I'm seriously seriously worried.

 

Many thanks David

[AndyOrch]

Hi David and a warm welcome to CAG

 

I will move your post to the appropiate forum.

 

Regards

 

Andy

[AndyOrch]

Okay David

 

Why did you not defend the summons 4 years ago ?

 

Are you in employment now or self employed?

 

With regards to the N56 you must complete that on time if you fail to return form N56, or to pay, the court will serve you personally with form N63 (Failure to provide Statement of Means). This orders you to attend court at an appointed time to give good reason why you should not be sent to prison for 14 days or fined up to £250. The N63 also advises that if the debt is paid in full or the statement of means is returned to the court immediately, the judgment debtor may not have to attend the court.

 

If the failure continues the court will make an order for the judgment debtor to be arrested and brought before the court.

 

The court takes all these actions without any need for action by you

 

Regards

 

Andy

[DavidS1974]

I was lead to believe by cab that no action or payment to the ccj automatically object to this. I am employed but only in a temporary contract which makes it all the more difficult, I fiercely as I say object to the ccj and the circumstances at which it was brought, I didn't defend it back then as I was at a very low point in life and maybe buried my head in the sand. I thought the creditors may have relented and put it behind them as they got the business back and re sold it within in months! It only seems now they've come hunting again just when I am getting things back on track. I read that you can have the ccj set aside with an N244 form would I be able to do that without filling in the statement of means?

 

Thank you Andy for your response hope you can help.

[AndyOrch]

I cant see a grounds for set a side ...its 4 years old...not sure what you mean by "I was lead to believe by cab that no action or payment to the ccj automatically object to this. "

 

If you didnt defend they get a judgment by default...forthwith and 6 years to enforce it...this is what they are doing now with the transfer to your local CC.

[queensclose]

was the n56 personally served on you and by who

[DavidS1974]

was the n56 personally served on you and by who

 

Yes it's a personal claim for such a ridiculous amount. 32k. I will need to have this set aside now I am of mind to be able to defend against the ccj. Can this be done at this stage?

 

Thanks David

[Alloyz1]

I'm no expert David but part of the set aside criteria that is considered is the length of time since the judgement to the set aside application:

 

CPR 23.10

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

 

Like I said I am no expert.

[queensclose]

Yes it's a personal claim for such a ridiculous amount. 32k. I will need to have this set aside now I am of mind to be able to defend against the ccj. Can this be done at this stage?

 

Thanks David

 

so how was it served