Section 70 of the County Court act

[ThedaBara]

Just a quickie...as per section 70 of the County Court Act 1984;

 

Finality of judgments and orders.

Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties.

 

This means that you can't challenge the decision without an appeal, as far as I can make out.

 

So if you don't like that judgement and want a better one, you can't just make an application to alter it...but you can make another application so that you have 2 judgements for the same debt?

 

Or am I wrong?

 

TB

[Ganymede]

I don't understand, what is the context?

 

You can't have two judgments against the same person for one debt.

[ThedaBara]

Hi Ganymede

 

Ok… I have two separate Judgements against me for the same debt.

 

The creditor applied for and was granted a standard form k restriction to secure the debt. Then he decides it doesn't provide quite enough security, so makes another application for a modified restriction… Judge allows it, resulting in two judgements for the same debt. One for a standard form K restriction and another for a modified restriction… (a 14 day caution).

 

I've been looking at other posts and the advice is that there can only be one CCJ for a single debt.

 

I've scoured the web looking for people in a similar position but have been unable to find anyone…

 

I tried to get the 2nd judgement set aside, as I thought that once the decision is made, it can't be overturned without an appeal, and only then if there has been a mistake in proceedings leading to a wrongful decision.

 

Surely, it's an abuse of process and the creditor should have asked for a modification prior to the final judgement, rather than making a second application once he got the Judgement against me?

 

Have you ever come across anything like this before?

 

TB

[Ganymede]

You're mixing up the judgment (the CCJ) and the enforcement (the Restriction).

 

Are both Restrictions showing on your title deeds then?

[ThedaBara]

I haven't checked...is it very expensive to look at deeds? Can it be done online? TB

[Ganymede]

About a fiver from the Land Registry online.

[ThedaBara]

About a fiver from the Land Registry online.

Thanks. I know there were two hearings, (3 if you include the Interim CO), so that's why I thought there were two judgements. TB

[Ganymede]

Nope, one judgment.

[ThedaBara]

Thanks... I'll check anyway. TB