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CCJ Setaside, is it worth it.

Got taken to court over a late payment despite settling the initial invoice well before it went anywhere near the court, the claimant used the "Late Payments of Commercial Debts (Interest) Act 1998" and claimed interest, the fixed penalties associated with the act and their costs.

I didn't dispute the claim, I only questioned the amount claimed which was wrong by £15. The court agreed in my favour and asked the claimant if they agreed with my revised figures. They did and the claimant promptly slapped another £40 of costs on top which the court has enforced.

Since the ruling I have found out that the claimant (Solicitor & DCA) is acting in the name of the initial debtor (A Company) who passed/sold on the information on my case.
"A Company" will not be the financial beneficiary of the court ruling.

The DCA hounded me for the costs under the "Late Payments of Commercial Debts (Interest) Act 1998", sending letters but more worryingly random emails to people of the same name, which were forwarded onto me.

So have I a valid case for having this case setaside and heard again? if the court finds in my favour will I get the £155 setaside fee back?

Comments

  • And despite being given a month by the court to settle, the solicitors are demanding payment of the judgement within seven days otherwise "legal proceedings will be commenced".
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If it's paid within the month, it won't show on any file.

    Therefore, no need to set aside on condition the judgement is paid.
    💙💛 💔
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