Setting aside a CCJ

[harlequin10]

I received a General Form of Judgement or Order dated 23.11.18 on 27.12.18.

 

I have now missed the chance to pay this in full within one month.

 

I filed a defence but did not attend the hearing, I didn't know I had to attend.

 

I called the court on 6.12.18 to find out the outcome, I was told it was with the orders team being typed up but they had a 6 week backlog.

 

Can I apply to have it set aside?

[dx100uk]

upon what ground do you think you can set it aside??

 

whats the debt all about?

why did you not come here earlier?

[harlequin10]

Hi, it's a debt for an unpaid bill, i defended it as they added 48% interest, I lost!

 

I would have paid it following the Judgement but didn't receive this until 27 December 2018.

 

I want it set aside so that I can attend a hearing, have my say and then pay it within the month so the CCJ is completely removed from my file.

 

If I pay it now the CCJ will stay on my file for the next 6 years although it will be marked as satisfied.

 

I have rung the Court today and they said if I had attended the hearing I would have known the outcome.

 

But they've taken so long to send it out and now I've missed the deadline to pay in full within one month.

 

Am I wasting my time?

[AndyOrch]

" I have rung the Court today and they said if I had attended the hearing I would have known the outcome. "

 

" I called the court on 6.12.18 to find out the outcome, I was told it was with the orders team being typed up but they had a 6 week backlog."

 

Cant win can you...have you retained the envelope ? Can you prove you only received it 27th 12 ?

[harlequin10]

Exactly!

 

Yes I have the envelope but unfortunately there isn't a date on it.

[AndyOrch]

No worries ...your county court stated they were 6 weeks behind and therefore at blame...what date does it state to pay by or is it just forthwith judgment ?

[AndyOrch]

Also......

 

" I filed a defence but did not attend the hearing, I didn't know I had to attend."

 

Did you not receive a Directions Questionnaire (N180) or Notice of Allocation (N157) advising you how to prepare for trial and what to submit and what date the hearing was ?

 

I suspect not if the efficiency of this court runs 6 weeks behind.

[harlequin10]

Notice of Allocation received 17 September 2018 - hearing date 30 November.

 

General Form of Judgement or Order received 24 October 2018 (the claimant tried to go for Summary Judgement on 22 October) - hearing date now 23 November 2018.

 

I didn't think I had to attend, major fail on my part!

[AndyOrch]

Quite...all the courts directions are clearly instructed in the Notice of Allocation...which both parties must comply with.#

 

So they got summary judgment ? and this is a forthwith judgment ......date stated to pay by ?

[harlequin10]

Yes, Summary Judgement.

 

It doesn't give a date to pay by.

[AndyOrch]

Well forthwith means just that...forthwith..but you are allowed a reasonable time to make payment.Service of documents from courts are normally first class and deemed served within the prescribed post office guidelines.

 

You telephoned the court on 6.12.18 to find out the outcome,you was told it was with the orders team being typed up but they had a 6 week backlog.

 

The Notice ot Judgment/Order is dated 23.11.18 you received it on 27.12.18.....35 days......you are legally entitled to make payment and have the option to clear the judgment and make payment to prevent it from being registered on the CCJ Trust.

 

This you have been deprived of due to the inefficiency of your local county court which have openly confirmed they were running 6 weeks behind.

 

I have seen Notice of Judgments from some courts with small prints stating that ....." payment is due from date of receipt " is not on your Notice anywhere in small print ?

[harlequin10]

It just states how and who to pay and if I ignore the order my goods may be removed and sold or other enforcement proceedings may be taken against me.

 

It doesnt look like a normal CCJ (I've had a few!) where they state Judgement for Claimant and they have the Note to the defendant in the bottom left hand corner stating if you pay in full within a month, etc.

 

Is there a chance the one I have may be being followed up with another with all these details on?

[AndyOrch]

Not sure...could possibly scan and redact and upload it here ?

 

Which County Court is this ?

 

Is the Claimant a business ?

 

Are you a litigant in person or business ?

[harlequin10]

Peterborough.

 

The Claimant is a business.

 

I am a litigant in person trying to run a business!

 

Scan to follow

[harlequin10]

Scan attached

General Form of Judgement or Order.pdf

[harlequin10]

I've just had an email from the Claimant with a pdf copy of the General Form of Judgment or Order and they've date stamped it as received on 27th December 2018.

 

So I have proof now if that helps.

[AndyOrch]

Paying Within 30 Days

 

If you pay the full amount of the judgment within 30 days of its issue, the judgment will be marked as ‘satisfied.’ If you do this, do not assume that the CCJ will automatically be removed from the register. The creditor may do you the courtesy of informing the court that you have paid the judgment, but then again - they may not. In this situation, the best thing to do is to tell the court yourself. There are three steps to take:

 

search the register to see if your judgment is recorded (you can do this by entering into a search engine ‘search the county court register’). There is a small fee involved.

 

If the CCJ is on the register, make sure you have proof that you have paid the debt (you could get this from the creditor)

contact the court and ask them for the form to remove it, fill it in and send it back with the fee (this is £10.)

 

So check if its been registered.....?

 

https://www.trustonline.org.uk/

 

If not pay it tomorrow.

[harlequin10]

Hi Andy

 

Thanks so much for all your help with this.

 

It's not listed I've just checked.

 

I'll pay it tomorrow, if they just mark it as satisfied can I then apply to have it set aside or not if I've paid?

 

I want it removed on the grounds that I didn't receive the judgment in good time and therefore was denied the right to pay in full within one month.

 

Or will they just say I should have attended the hearing?

[AndyOrch]

No need to " satisfied " is the norm...pay for fast clearance if possible or transfer.Then ring the court inform them its been paid on date and received.

 

Not attending the hearing is irrelevant..has no bearing.

[harlequin10]

Hi Andy, so it will just be marked as satisfied? I really want it removed, can I appeal it in anyway?

[AndyOrch]

You said its not been registered.....pay it now before it is and nothing should show.