Desperate Small Claim Advice Needed

ftsos

I had the worst possible news today. I have been working to keep the perfect credit score over the years. Recently I had a Small Claims Court against an old client. I run a limited company and the contract was between the two companies. However, the claimant has filed the claim against the company and me personally. I don't first understand how they could do that. I thought if it was a limited company then the agreement is between two parties and it does not involve the individual.

Now to make matters worse, I was sick the week of the hearing. I should be able to get a doctors letter. So I emailed the Small Claim Court mediation service the day before. I thought I was emailing the Small Claims Court. I emailed to explain that I could not attend. So I have that email as proof that I did try and contact.

Because I did not attend the judge awarded the case in the other part's favour. So I have to pay. However, I did not know that the case had been awarded in their favour. I was waiting for a letter. I found out by accident that the other party had won. Do you know how I found out? I had won of those loan shark companies cold call me to say they could borrow my company money as I had just had a CCJ against me!

I was shocked to find this out. I phoned the court to say I had not received a letter. This is the truth. So I asked them when they sent the letter. The clerk said they sent a letter on 29th (Friday) of November. And my last day for payment before a CCJ was going to be issued against me was the 2nd of December (the Monday). So in between was the weekend. So I could not pay over the weekend even if by miracle a letter had reached me over the weekend. In my office no post arrives over the weekend.

So I am shocked by this. Even if we assume the case was in the favour of the other party, I would expect the judge to give at least 2 or 3 working days to pay. This does not make sense. The sum is for £3,000. I could have paid that without any worries. I am not angry at the sum, I am angry that now I have CCJ to my name. What makes it worse, is that, the contract was between two companies. However, the other party, made the claim against me and the company. So in all likelihood I have a CCJ against my name as well as a CCJ against the companies name.

If I have a CCJ what's the point in me paying now? I would have happily paid. I don't know if there is any incentive for me to pay anymore? Also I was told by the irritating call centre person, that my only option is to file an N244 form, which more paperwork and cost. That's the only way the CCJ can get removed.

If anyone has any advice or knowledge in this area I would really appreciate it.

The CCJ more than the money would be like a knife. Seriously. I have worked really hard to keep a good credit score.

Thanks.

Quentin

You get a month from the date the judgement was issued to pay it in full without it going on the register.

If you pay it before the end of that period it will be as if you never got it as far as your credit record is concerned.

However if you still believe you would win, then go for the CCJ to be set aside and if you are successful, then the hearing will be rescheduled. Maybe get some legal advice over your chances of winning.

ftsos

Quentin wrote: »

You get a month from the date the judgement was issued to pay it in full without it going on the register.

If you pay it before the end of that period it will be as if you never got it as far as your credit record is concerned.

However if you still believe you would win, then go for the CCJ to be set aside and if you are successful, then the hearing will be rescheduled. Maybe get some legal advice over your chances of winning.

Hi Quentin, I am going to sound stupid. But as far as I am I know, the hearing was on the 18th of November 2013. So correct me if I am wrong, then I have in theory until the 18th of December 2013, right?

So if I pay tonight or tomorrow, then nothing will be recorded on my credit report, so I will NOT have a CCJ against me or my company, correct?

How confident are you in your advice.

ftsos

I genuinely appreciate you replying to me. Please don't be offended. I am just very worried and I just need to know how well you know this area of law.

ftsos

Anyone out, if you can either confirm or add to Quentin's comments/advice would be greatly appreciated.

This is really stressing me out. So once I know the various options or the various roads that I can go down, then I will a lot better and won't have to beg/pester people on forums for some advice/help/guidance.

Quentin

ftsos wrote: »

Hi Quentin, I am going to sound stupid. But as far as I am I know, the hearing was on the 18th of November 2013. So correct me if I am wrong, then I have in theory until the 18th of December 2013, right?

So if I pay tonight or tomorrow, then nothing will be recorded on my credit report, so I will NOT have a CCJ against me or my company, correct?

How confident are you in your advice.

100%

Check for yourself:

https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

If you pay within a month


If you pay the full amount within a month you can get the judgment removed from the register.

ftsos

Hi Quentin,

I found out you are right. I asked a friend of a friend who is a solicitor.

However, based on what she said and what I read on the link you sent, you have to get it removed, which means, you have to go through admin, fill in a form, and pay an application fee. I was hoping I would just pay tomorrow, and no CCJ would be applied to me.

Annisele

So far as your credit report is concerned, getting a CCJ doesn't matter. What matters is not paying it on time. See Experian's explanation (you don't need to worry about the default part of that answer - doesn't sound like you have a default on a credit agreement, just an angry customer).

Atidi

ftsos wrote: »

I had the worst possible news today. I have been working to keep the perfect credit score over the years. Recently I had a Small Claims Court against an old client. I run a limited company and the contract was between the two companies. However, the claimant has filed the claim against the company and me personally. I don't first understand how they could do that. I thought if it was a limited company then the agreement is between two parties and it does not involve the individual.

Now to make matters worse, I was sick the week of the hearing. I should be able to get a doctors letter. So I emailed the Small Claim Court mediation service the day before. I thought I was emailing the Small Claims Court. I emailed to explain that I could not attend. So I have that email as proof that I did try and contact.

Because I did not attend the judge awarded the case in the other part's favour. So I have to pay. However, I did not know that the case had been awarded in their favour. I was waiting for a letter. I found out by accident that the other party had won. Do you know how I found out? I had won of those loan shark companies cold call me to say they could borrow my company money as I had just had a CCJ against me!

I was shocked to find this out. I phoned the court to say I had not received a letter. This is the truth. So I asked them when they sent the letter. The clerk said they sent a letter on 29th (Friday) of November. And my last day for payment before a CCJ was going to be issued against me was the 2nd of December (the Monday). So in between was the weekend. So I could not pay over the weekend even if by miracle a letter had reached me over the weekend. In my office no post arrives over the weekend.

So I am shocked by this. Even if we assume the case was in the favour of the other party, I would expect the judge to give at least 2 or 3 working days to pay. This does not make sense. The sum is for £3,000. I could have paid that without any worries. I am not angry at the sum, I am angry that now I have CCJ to my name. What makes it worse, is that, the contract was between two companies. However, the other party, made the claim against me and the company. So in all likelihood I have a CCJ against my name as well as a CCJ against the companies name.

If I have a CCJ what's the point in me paying now? I would have happily paid. I don't know if there is any incentive for me to pay anymore? Also I was told by the irritating call centre person, that my only option is to file an N244 form, which more paperwork and cost. That's the only way the CCJ can get removed.

If anyone has any advice or knowledge in this area I would really appreciate it.

The CCJ more than the money would be like a knife. Seriously. I have worked really hard to keep a good credit score.

Thanks.

ftsos wrote: »

Hi Quentin, I am going to sound stupid. But as far as I am I know, the hearing was on the 18th of November 2013. So correct me if I am wrong, then I have in theory until the 18th of December 2013, right?

So if I pay tonight or tomorrow, then nothing will be recorded on my credit report, so I will NOT have a CCJ against me or my company, correct?

How confident are you in your advice.

So the hearing was due for the 18th November, and presumably judgement was given that day (as you failed to attend the hearing)

Applications to set aside such a judgement (using form N244 as advised by the court) usually have to be submitted within 14 days so you missed that.

Yeah, pay up is about your only option now

Disclaimer:
I am not a lawyer. If you want independent legal advice, you should seek that from a suitably qualified legal representative. Internet forums are not the place to obtain independent legal advice.

Quentin

ftsos wrote: »

Hi Quentin,

I found out you are right. I asked a friend of a friend who is a solicitor.

However, based on what she said and what I read on the link you sent, you have to get it removed, which means, you have to go through admin, fill in a form, and pay an application fee. I was hoping I would just pay tomorrow, and no CCJ would be applied to me.

CCJ stands for county court judgement.

The claimant won a CCJ against you. It already "exists"!

As you now know you can pay that judgement promptly thereby allowing the judgement to be removed from the register leaving no stigma for you.

All explained here:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484

(Your local county court will tell you what to do)

Quentin

Atidi wrote: »

.....Applications to set aside such a judgement (using form N244 as advised by the court) usually have to be submitted within 14 days so you missed that.....

Ignore this.

There is no such time limit. You do not have to pay a CCJ by default against you if you do not owe the claimant!

(Claimants often win by default after using an old address for the defendant and it can be months/years till the defendant discovers a claim was made against them)

If the OP has a defence, and does not owe the money they can ask for this to be set aside.

All explained here:

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money