MCOL process

sourcrates

Aquamania wrote: »

You have what is known as a default judgement. That is you obtained judgement because of the failure of the defendant to respond to the claim.

Yes, that is still a CCJ. But I should warn you that it is quite easy for the defendant to have the judgement set aside (effectively, cancelled) at a later date if they so desire. (It'll cost them a few quid to do - about £70 iirc) )

Setaside costs £255,00 (without any remission) so more than the actual debt itself, and its not as easy as you suggest.

You need a good enough reason to persuade the court that a set-aside is appropriate.

And if his business has gone south, its highly likely there will be other creditors as well, all wanting a slice of the cake.

Aquamania

frivolous_fay wrote: »

I filed it against his name, but during processing the company name was also added - not by me.

Who changed it then?
Normally there are only 3 parties involved:
The claimant (you)
The court (the judge)
The defendant.

If the defendant has changed it (a) they must have seen it and (b) why do you think the defendant would have helped you this way ?

When you say company name, is it a limited company name or just a business name that the defendant trades under?

Aquamania

sourcrates wrote: »

Setaside costs £255,00 (without any remission) so more than the actual debt itself, and its not as easy as you suggest.

You need a good enough reason to persuade the court that a set-aside is appropriate.

And if his business has gone south, its highly likely there will be other creditors as well, all wanting a slice of the cake.

Thanks - that's a bit more than I anticipated.

The good reason would be the fact the defendant has not seen the claim in the first place (of course my above post calls this fact now into question) and the fact the defendant would have defended the matter (with an appropriate defence) if they had

Of course there is no point going for a set-aside unless the party making the application thinks the judgement is inappropraite in some way.

frivolous_fay

Aquamania wrote: »

perhaps make the defendant aware of the CCJ that now exists against them (would have been best to let them know the claim was made in the first place, especially if you were not sure they received it)

One can only do so much when someone won't pick up the phone to you. I didn't really fancy driving over there and knocking on the door of the address on his business card when he'd ignored me from the moment I overpaid him.

frivolous_fay

Aquamania wrote: »

Who changed it then?
Normally there are only 3 parties involved:
The claimant (you)
The court (the judge)
The defendant.

If the defendant has changed it (a) they must have seen it and (b) why do you think the defendant would have helped you this way ?

When you say company name, is it a limited company name or just a business name that the defendant trades under?

I assume it happened during processing. My best guess was someone was familiar with this person and added his company name as it appeared to be pertinent. I wasn't especially pleased, however, seeing as there appeared to be no business to claim against anymore. I have no suspicion that he has any involvement with the case. The MCOL people say he has not been in contact.

Just a business name I suppose. I only have a business card to go on.