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    • phil_rich1983
    • By phil_rich1983 5th Nov 16, 9:21 PM
    • 21Posts
    • 35Thanks
    phil_rich1983
    CCJ - Default judgment
    • #1
    • 5th Nov 16, 9:21 PM
    CCJ - Default judgment 5th Nov 16 at 9:21 PM
    Hi All.


    Hoping for some help or advise.


    Today in the post we received a ccj - Judgement by default. Now this has come out of the blue and has astounded us. We have not received any previous court papers stating any action was being taken. we know of the disputed debt and have had previous correspondence with the claimants solicitors but the last we heard form them was in July and we wrote back to them again explaining why the debt was disputed


    (background - We had our house re-wired, just before they finished they sent us an invoice for the quoted amount plus 55% extra in additional extras. At no point had the ever said there were any extras being added because every aspect was discussed pre-contract on the site visit before hand or was shown on a drawing we had produced for prospective quoter)


    What do we do now?
    We planned to re-mortgage in December because we have paid for the house renovations with credit cards and we need to re-mortgage to get this all in 1 lump.


    We are absolutely distraught by this.


    Any help appreciated.


    Thanks
    PR
Page 1
    • pappa golf
    • By pappa golf 5th Nov 16, 9:28 PM
    • 7,700 Posts
    • 7,973 Thanks
    pappa golf
    • #2
    • 5th Nov 16, 9:28 PM
    • #2
    • 5th Nov 16, 9:28 PM
    if you pay within 28 days of the court action it will go away , if you are to late you can apply for a setaside which will remove the CCJ , and reset it so that they take you to court again , the cost is £255 for this , you must show that you had a good chance of winning the claim , I would alsi be ringing the court to find what address the court papers were sent to .
    • phil_rich1983
    • By phil_rich1983 5th Nov 16, 9:59 PM
    • 21 Posts
    • 35 Thanks
    phil_rich1983
    • #3
    • 5th Nov 16, 9:59 PM
    • #3
    • 5th Nov 16, 9:59 PM
    Thanks. We could pay it but do not agree with the costs and certainly think we would stand a very good chance in court.


    One, example of the extras, ' Lights and sockets in Garage were not included in quote because the requirement was unknown' However the architects plan they had to quote from had the garage drawn on it, labelled, and lights and sockets specified on it. The fuse box is also on the garage, so how they can say they didn't know about it astounds me.
    • sourcrates
    • By sourcrates 5th Nov 16, 10:07 PM
    • 12,652 Posts
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    sourcrates
    • #4
    • 5th Nov 16, 10:07 PM
    • #4
    • 5th Nov 16, 10:07 PM
    Thanks. We could pay it but do not agree with the costs and certainly think we would stand a very good chance in court.


    One, example of the extras, ' Lights and sockets in Garage were not included in quote because the requirement was unknown' However the architects plan they had to quote from had the garage drawn on it, labelled, and lights and sockets specified on it. The fuse box is also on the garage, so how they can say they didn't know about it astounds me.
    Originally posted by phil_rich1983
    Your only option now then is to apply for set aside.

    You need to fill in court form N244, there is a fee of £255.00 for this though, but it's the only way now to fight this.

    https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
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    • phil_rich1983
    • By phil_rich1983 5th Nov 16, 10:30 PM
    • 21 Posts
    • 35 Thanks
    phil_rich1983
    • #5
    • 5th Nov 16, 10:30 PM
    • #5
    • 5th Nov 16, 10:30 PM
    ok thanks sourcrates.


    How can they do this? why did we not receive any pre-warning? I read online that the court send out an action notice and give 14 days notice but this has not happened.
    • sourcrates
    • By sourcrates 5th Nov 16, 11:01 PM
    • 12,652 Posts
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    sourcrates
    • #6
    • 5th Nov 16, 11:01 PM
    • #6
    • 5th Nov 16, 11:01 PM
    ok thanks sourcrates.


    How can they do this? why did we not receive any pre-warning? I read online that the court send out an action notice and give 14 days notice but this has not happened.
    Originally posted by phil_rich1983
    That's anyone's guess, they are supposed to follow pre-action protocols, and send you a claim form beforehand, to allow you to challenge or admit the claim, but, on the other hand, it does give you good grounds to get a set aside.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • phil_rich1983
    • By phil_rich1983 7th Nov 16, 10:15 AM
    • 21 Posts
    • 35 Thanks
    phil_rich1983
    • #7
    • 7th Nov 16, 10:15 AM
    • #7
    • 7th Nov 16, 10:15 AM
    Thanks.
    Spoke with the court today and they said the papers were sent out and then return as 'undelivered - return to sender' so we never knew there was a case.

    Looking to get a local solicitor today to put our set-aside papers in with our defense.
  • National Debtline
    • #8
    • 7th Nov 16, 10:42 AM
    • #8
    • 7th Nov 16, 10:42 AM
    Thanks.
    Spoke with the court today and they said the papers were sent out and then return as 'undelivered - return to sender' so we never knew there was a case.

    Looking to get a local solicitor today to put our set-aside papers in with our defense.
    Originally posted by phil_rich1983
    Hi Phil

    It’s definitely a good idea to take some legal advice first to maximise your chance of success. This factsheet gives you an overview of the set aside process:

    www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • phil_rich1983
    • By phil_rich1983 7th Nov 16, 1:13 PM
    • 21 Posts
    • 35 Thanks
    phil_rich1983
    • #9
    • 7th Nov 16, 1:13 PM
    • #9
    • 7th Nov 16, 1:13 PM
    Thanks thats a helpful link.

    I think that we have a strong case to have a set aside as the court still have the papers in their admin office. So we cannot possible have had a chance to defend
    • phil_rich1983
    • By phil_rich1983 18th Nov 16, 2:34 PM
    • 21 Posts
    • 35 Thanks
    phil_rich1983
    Hi. Our set aside forms are in with the court so now we wait. However the court just told me it is taking them 6 working days to process recieved post. It then takes u to 3 weeks for the Judge to review and decide.

    What do we do?

    If this judgement goes past the 1 month period and then the judge reviews and refuses our set aside then it will be on our credit file for 6 years, even if we pay in full on the day of the review, because we are past the 1 month time? If he sets aside then all is good and it is taken away.

    Do we have to wait until a day before the 1 month is up, ring the court, and ask if they have an answer? If they say no we have to pay?

    Or does the 30 days start again once the set aside application has been made?

    thanks for any answers or advice as to where to look
    • sammyjammy
    • By sammyjammy 18th Nov 16, 3:33 PM
    • 4,235 Posts
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    sammyjammy
    The best people to ask are the court.
    "You've been reading SOS when it's just your clock reading 5:05 "
    • sourcrates
    • By sourcrates 18th Nov 16, 4:57 PM
    • 12,652 Posts
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    sourcrates
    As above, the court will be able to advise you of the procedure.

    Nothing is ever simple in life is it !!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 18th Nov 16, 6:13 PM
    • 11,636 Posts
    • 8,767 Thanks
    fatbelly
    You've acted promptly, you clearly did not have an opportunity to defend the claim and (I guess this is the one the judge will have to consider) you have a defence with a realistic prospect of success.

    Under those conditions it would be unfair not to grant set aside.
    • phil_rich1983
    • By phil_rich1983 3rd Dec 17, 12:54 AM
    • 21 Posts
    • 35 Thanks
    phil_rich1983
    Just to update this for anyone doing a 'search'. Our set-aside was accepted and a new dated issued for the original hearing, the claimant then withdrew the claim and the matter is now settled. thanks for the advise.
    • fermi
    • By fermi 3rd Dec 17, 8:56 AM
    • 39,311 Posts
    • 47,134 Thanks
    fermi
    Just to update this for anyone doing a 'search'. Our set-aside was accepted and a new dated issued for the original hearing, the claimant then withdrew the claim and the matter is now settled. thanks for the advise.
    Originally posted by phil_rich1983
    Great. Thanks for the update.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

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    • sourcrates
    • By sourcrates 3rd Dec 17, 12:16 PM
    • 12,652 Posts
    • 11,982 Thanks
    sourcrates
    Just to update this for anyone doing a 'search'. Our set-aside was accepted and a new dated issued for the original hearing, the claimant then withdrew the claim and the matter is now settled. thanks for the advise.
    Originally posted by phil_rich1983
    Yea, good result.......well done.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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