CCJ Help Advise need

[drewalan]

Please help...

 

 

My company went into liquidation last week with help from a insolvency practitioner and as we know help sort out creditor issues ect..

 

 

. meanwhile i received a CCJ from a creditor who refuse to deal with the insolvency practitioner.

 

 

i spoke to the creditor and they say i am solely liable for money owed,

 

 

i ask hows this possible when my company was a limited company,

they replied

'' you have signed a sole trader/non limited personal account trade account form''

 

 

cut story short i did sign this for personal reason and they sent me a copy of the old trade account that i signed

with my name and personal address on

 

 

however, i did sign another form for my limited company shortly after with a different company address

and all invoices are sent to the company address with the company name on it...

 

i have asked to see the copy of the recent trade account application but are not replying to my emails

 

how can they make me liable solely

[AndyOrch]

Thread moved to General Legal...so you need to find out if the Ltd Company supersedes the personal sole trader/non limited personal account trade account form...I personally would be directing them to your IP.

 

By stating you received a CCJ do you mean a current claim or a judgment ?

 

Regards

 

Andy

[drewalan]

Thread moved to General Legal...so you need to find out if the Ltd Company supersedes the personal sole trader/non limited personal account trade account form...I personally would be directing them to your IP.

 

By stating you received a CCJ do you mean a current claim or a judgment ?

 

Regards

 

Andy

 

Hi Andy its a judgement from the high courts .! i have already referred them to my IP and like i said they are ignoring them.

 

Regards

Drew

[steampowered]

Did you just receive a claim form, or the actual CCJ? If the actual CCJ, do you know why you didn't have a chance to defend it - was the correspondence sent to the wrong address?

[drewalan]

Did you just receive a claim form, or the actual CCJ? If the actual CCJ, do you know why you didn't have a chance to defend it - was the correspondence sent to the wrong address?

 

We received a warning letter from the creditor but like i said we passed it on to our IP who said they had no response which was followed by a CCJ to our registered office address,

[steampowered]

We received a warning letter from the creditor but like i said we passed it on to our IP who said they had no response which was followed by a CCJ to our registered office address,

CCJ only get issued after a court process has been followed. There would normally be a claim form with a response pack explaining that you will need to file a defence within a certain time frame or a default judgment will be issued against you. This is a document issued by the court, not a letter from the creditor. Did you receive that at all?

 

 

If they already have a CCJ against you personally then that will be enforceable as a debt regardless of the underlying circumstances and it will affect your credit rating for the next 6 years if not paid within 28 days.

[drewalan]

CCJ only get issued after a court process has been followed. There would normally be a claim form with a response pack explaining that you will need to file a defence within a certain time frame or a default judgment will be issued against you. This is a document issued by the court, not a letter from the creditor. Did you receive that at all?

 

 

If they already have a CCJ against you personally then that will be enforceable as a debt regardless of the underlying circumstances and it will affect your credit rating for the next 6 years if not paid within 28 days.

 

It is a ''Judgment for claimant (in default)'' letter with a claim number asking me to pay although in the ''notes for the defendant'' it says i can requests a form to defend my case....

 

i believe it is just a claim form then?

[AndyOrch]

Is it a blue N1 from Northampton?

[drewalan]

No a white form from Northampton

[AndyOrch]

Then its a notice of Judgment ...N24 ?

[drewalan]

Then its a notice of Judgment ...N24 ?

 

What does that mean because on the form it says '' To the defendant, you have not replied to the claim form'' what claim form a have not received a claim form...! all abit odd and as you can tell i have never had one of these judgments against me.

[AndyOrch]

Are there a letters bottom left of the form ? is it a N24 or N30?

[drewalan]

No Form reference/number what so ever, i can post a pic if you wish?

[AndyOrch]

May be advisible otherwise we could be here all week make sure its converted to pdf not jpeg.

[drewalan]

Ive post a pic and a download link for a pdf ...thanks

[Ganymede]

Are there a letters bottom left of the form ? is it a N24 or N30?

I can't open the PDF but it's clearly a judgment in default as no reply to the Claim Form.

 

drewalan, are you sure you never received anything from the Court either at your home address or company address?

[AndyOrch]

Thats a N30 Judgment by default...and its forthwith...I have unapproved your uploads as you left the claim number and other references showing.

 

Andy

[drewalan]

Absolutely positive i have NOT received a any other form at home or at the business address..!!!

[drewalan]

Thats a N30 Judgment by default...and its forthwith...I have unapproved your uploads as you left the claim number and other references showing.

 

Andy

 

My Apologize about the pic..!! N30 Judgment by default...and its forthwith.!! this means to pay right away but i want to challenge this as reasons stated above which is unfair what the claimant is doing..!

[AndyOrch]

Then you need to set a side making application using the N244...make it prompt stating your reasons.....the fee is £155.

[drewalan]

Thank you for the reply guys, may i ask on question 3 do i state '' i wish to set aside the judgment to defend my case'' ?

[AndyOrch]

I think you will need to expand a little more ...yes you are asking that the judgment be set a side because you never recieved the forms and Judgment was issued against you personally and not your Ltd Company

[Ganymede]

Have you got a copy of the Claim Form that was originally issued at Court?

 

I would get that urgently before making any applications to Court.