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is there a right of appeal to a CCJ

hopefully i have put this on right forum,and am being a bit lazy by asking question as oppsed to trawling through internet,so any help appreciated >

I intend to default on a debt to test the 'strength ' of the agreement.

it will go to small claims.

i am prepared and expect to lose ,but its only way i can test this out-and ensure that it does not happen. in future.

I believe i can pay it off after 28 days anyway and decision revoked-and frankly, at my age , a low credit rating is unlikely to affect me .
I almost deliberately wish to lose.

that given- i do not believe a magistrates court will have enough time/power/skill/ will to investigate this fully.
i need it to go to a higher court.
not straight away as there is a 25 % chance i may win at first attempt.

thus simple questuion is:

is there a 'right of appeal procedure ' upon havig a CCJ issued against you,and keeping costs reasonable-can i from outset get this ruled at a higher court (within affordability and reason-not the european parliament )

Comments

  • fatbelly
    fatbelly Posts: 23,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    marc3 wrote: »
    that given- i do not believe a magistrates court will have enough time/power/skill/ will to investigate this fully.
    i need it to go to a higher court.
    not straight away as there is a 25 % chance i may win at first attempt.

    thus simple questuion is:

    It will be subject to a claim in the county court and will be decided there, by a district judge at a hearing if necessary.

    The best guide to the process is on this site

    http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
  • sourcrates
    sourcrates Posts: 31,670 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    marc3 wrote: »
    thus simple question is:

    is there a 'right of appeal procedure ' upon having a CCJ issued against you,and keeping costs reasonable-can i from outset get this ruled at a higher court (within affordability and reason-not the European parliament )

    There is no "right of appeal" as such, to a CCJ.

    It will be heard at county court level, as you are aware, if paid within 28 days, it wont show on your credit file, there is a procedure called "set aside", however, this can only be used under certain circumstances, and costs a further fee of £155.00.

    Can you give us a little more detail, as to why you want to know this ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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