Hi All - Newbie here! RE: CCJ

Paxoooo

Hi all,

First post on here! Been a "leecher" for a couple of weeks!

I had a CCJ filed against me on 29th December 2004.

I had the claim form through on 2nd December 2004, The CCJ was for £795.04 + costs which made a total of £955.55, I am currently paying this off at the agreed amount.

However I've read on this site that when the claim form gets sent through to you and you admit liability and offer a payment plan (£100 a month) which I think is a reasonable amount. The CCJ wouldn't of needed to go to court and have a CCJ filed against me?

The last correspondence I received was from the solicitors on 18th January 2005 stating...


"As you are aware, our Client has accepted your offer of £100.00 a month and the Court has made an approriate Order."


Which says to me it actually went to court and the judge asked me to pay £100.00 a month, which is what I agreed in the first place?

Please could you advise

Kind Regards,

Steve

Exeter.Devon

file_wizzard

At present the claimants solicitors have acted within their rights, i.e they have chosen to have the agreement you offered enforced under the powers of the court.

There has recently been a desire by the courts for the wider use of pre action protocols, this means that in future there is a potential for the courts to instruct that any first and "reasonable" offers are accepted by the claimant without the need for the courts to become involved. ( this is already partially covered by the Civil Procedure Rules )

If however the agreement was broken then it would be referred to the court for action

I am presuming from your post that you are looking to have the CCJ removed, however unfortunately to do this you would need to demonstrate that "on the balance of probability" that you would of been able to defend the original action, however given that you have admitted liability and have made payment you would have no case to argue in this instance

Paxoooo

Thanks for the quick reply,

Not looking for it to be removed, I was just curious about what someone said on the board that if you admit liability and offer a payment plan then there's no need to get a judgement enforced, I think I'm just confused about the 'Court Order' and ' Court Judgement' side of things?!

file_wizzard

Paxoooo wrote:

Thanks for the quick reply,

Not looking for it to be removed, I was just curious about what someone said on the board that if you admit liability and offer a payment plan then there's no need to get a judgement enforced, I think I'm just confused about the 'Court Order' and ' Court Judgement' side of things?!

Depends on the solicitor you are dealing with,

At the end of the day there are attempting to protect their clients interests, and if they feel that a court order will make a debtor abide to the payment plan more than an "agreement" then they will opt for the order as the costs are passed to the defendant anyway !

An order and a Judgement are basically the same thing, it is just the terminology used

Paxoooo

Thanks again!

So I will still have a CCJ against me even though there wasn't a judgement?

Kind Regards,

Steve

file_wizzard

Paxoooo wrote:

Thanks again!

So I will still have a CCJ against me even though there wasn't a judgement?

Kind Regards,

Steve

The "Judgement" is still a "Court order" , it is just referenced on your file as a County Court Judgement, the court has still issued an "Order" either way you look at it.

I know its a bit confusing, but if you just take the order as the courts decision