Declined by Halifax

bigadaj

You mention the ccj as from a factoring agency, does this mean you are or were self employed?

vicedemon80

Hi all,

Thank you all for the useful info.

Not too sure what you mean by all of the jargon but when we got the scary letter saying pay up or we will take you to court we paid up direct to the company that we owed the money too. We are in fact £110 in credit with them now as we have continued to overpay to make sure we didn't get in to trouble again.

No we are not self employed, the the factoring agency is the company responsible for the upkeep in the common grounds in our housing estate.

I'll let you know how we get on.

X

holly_hobby

Sorry POC = Particulars of Claim (ie what contractual breach they were taking you to court for).

If you paid the debt upon receipt of the POC, they should have discountinued the action - it appears that they didn't, and asyou failed to acknowledge the claim or lodge a defence they have gone for automatic judgement, to which the Judge, in the absence of any response from you, has duly awarded judgement in their favour, and hence the resulting CCJ.

You can apply to have the CCJ set aside with Civil Procedure Regs part 13, here is a link to help explain - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Hope this helps

Holly

vicedemon80

Hi,

Thanks for the useful help - do you know if the web link you provided is applicable in Scotland?

Cheers

x

Thrugelmir

holly_hobby wrote: »

and asyou failed to acknowledge the claim or lodge a defence they have gone for automatic judgement, to which the Judge, in the absence of any response from you, has duly awarded judgement in their favour,

To this I should add. The issuing of a CCJ is not automatic. The judge has to be satisfied that the plaintiff has made all possible steps to resolve this matter outside of the court in a correct manner.

holly_hobby

The claimant has to request judgement, my ref to automatic being as the respondent had not acknowledged the POC nor submitted a defence, the Judge will usually award judgement in the claimants favour - ie CCJ will usually following an unchallenged claim

Holly

Thrugelmir

holly_hobby wrote: »

The claimant has to request judgement, my ref to automatic being as the respondent had not acknowledged the POC nor submitted a defence, the Judge will usually award judgement in the claimants favour - ie CCJ will usually following an unchallenged claim

Holly

I've seen then thrown out by the judge on occasions. Where the judge considered that an insufficient attempt had been made to contact the debtor. Also where the paperwork was completed incorrectly, so rejected on a technicality. When David is facing a corporate Goliath, Judges are can be very pedantic.

holly_hobby

Thats interesting T - who were you representing claimant or respondent ?

Thrugelmir

holly_hobby wrote: »

Thats interesting T - who were you representing claimant or respondent ?

Only ever been party to plaintiff's action.

holly_hobby

Ah you represented the firm and accompanied counsel to the hearing .... !!

Bet your firm wasn't too pleased when their CCJ claims were thrown out, bet your legal team had their mits slapped if it was for non-compliance !

H x