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Do you have to pay for sub standard work?

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  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ILW wrote: »
    Are you sure?
    I believe CCJs can be issued in the absence of the person at the court.

    I didnt say anything about when they can be issued :P I said when they are registered/recorded against you ;)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • shocky_2
    shocky_2 Posts: 189 Forumite
    ILW wrote: »
    Are you sure?
    I believe CCJs can be issued in the absence of the person at the court.

    A CCJ can only be issued if you don't pay a judgment issued by the court. The court will only make a judgment after going through the motions (i.e. you get the opportunity to file a defence and told about the hearing).

    You would only get a CCJ in your absence if you ignored the court documents, did not file a defence, did not attend court and then did not pay after the court made an award against you.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    edited 7 December 2012 at 9:55AM
    A CCJ can only be issued if you don't pay a judgment issued by the court. The court will only make a judgment after going through the motions (i.e. you get the opportunity to file a defence and told about the hearing).

    You would only get a CCJ in your absence if you ignored the court documents, did not file a defence, did not attend court and then did not pay after the court made an award against you.

    I thought When you owe money to someone, they can apply to the County Court for a judgment (CCJ) against you to claim the money.

    The Court will decide whether there really is a debt to pay. If there is, they will issue a CCJ. This will set out how the debt should be repaid. If you don't pay the court enforces the judgement.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    A judgement by a court is a CCJ = county court judgement. Issued at the point a judge decide on the outcome of the case. No sod this is relevant though since its agreed there is only a lasting mark against you if it remains unsatisfied after x days
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    arcon5 wrote: »
    A judgement by a court is a CCJ = county court judgement. Issued at the point a judge decide on the outcome of the case. No sod this is relevant though since its agreed there is only a lasting mark against you if it remains unsatisfied after x days



    I was just a little perplexed with 'Youngsolicitor' saying a CCJ is issued if the Judgement is'nt paid. I thought the judgement is the CCJ?
  • ILW
    ILW Posts: 18,333 Forumite
    Poppie68 wrote: »
    I was just a little perplexed with 'Youngsolicitor' saying a CCJ is issued if the Judgement is'nt paid. I thought the judgement is the CCJ?

    That would be my understanding. I think the clue is in what CCJ stands for.
  • Voyager2002
    Voyager2002 Posts: 16,254 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Poppie68 wrote: »
    I was just a little perplexed with 'Youngsolicitor' saying a CCJ is issued if the Judgement is'nt paid. I thought the judgement is the CCJ?

    Technically, what a credit report records is unsatisfied CCJs.

    For example, suppose that a respectable and credit-worthy person gets into a dispute about the quality of work, and the argument goes to court. The court rules that the person ought to pay money, and the money due is then paid immediately. Such a series of events would be of no interest to a bank, and should make no difference to the person's credit rating. Of course, if the person failed to pay money that a court said should be paid, that would be a very different story.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'll stick to my way, the safest way.
  • shocky_2
    shocky_2 Posts: 189 Forumite
    Poppie68 wrote: »
    I thought When you owe money to someone, they can apply to the County Court for a judgment (CCJ) against you to claim the money.

    The Court will decide whether there really is a debt to pay. If there is, they will issue a CCJ. This will set out how the debt should be repaid. If you don't pay the court enforces the judgement.

    The court will only decide whether there is a debt to pay after proceedings have been started. You get a chance to file a defence and go to a hearing. The lender can't simply go to court and get a CCJ without you finding out.

    The caveat is where the claimant does not have the right address. In this case the court papers would get sent to the wrong place so you don't know you have to file a defence. If a defence isn't filed the lender can get a default judgment 14 days after serving the claim claim form. If this happens the defendant can apply to have the judgment set aside if he has a genuine reason to defend the case.

    If the claimant wins in court, then a judgment is issued. Technically this is a County Court Judgment. However, it does not affect your credit rating unless it is registered on the Register of County Court Judgments. If you pay promptly the lender won't bother to register it. If you pay within 28 days of registration you can get the CCJ removed from your file and it won't be visible to credit rating agencies. But if you pay after 28 days it will stay on your file and will be marked as "satisfied", which does affect your credit rating.
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