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CCJ registrered in error and then set aside

Doublespresso
Posts: 826 Forumite


Hello
not sure if this is the right place for this question...
My mate had a dispute with the managing company of his block of flats, things got out of hand and he was presented with a county court summons for unpaid service charges.
He disputes some of the charges and decided to defend the claim but admit part of it.
Now, the court received the papers back in time, but, in error, they issued a judgement for the claimant. So he rushed to the court to complain, and they admitted the error (human error they said) and set the judgement aside issuing a certificate to that effect. Now the claim is in a "defended" status.
He asked the clerk about the consequences of all this but she was vague.. so I suggested to ask the experts here:
- Is this CCJ made in error and the subsequent "Setting Aside" harmful in any way to his Credit Rating?
- As the action is only partially defended and partially admitted will there be an eventual CCJ registred for the admitted part?
- If he settles out of court, will the whole episode be harmful to him in future?
Any other action he should be taking?
He is on a tight budget and doesn't have a Solicitor.
Many thanks.
not sure if this is the right place for this question...
My mate had a dispute with the managing company of his block of flats, things got out of hand and he was presented with a county court summons for unpaid service charges.
He disputes some of the charges and decided to defend the claim but admit part of it.
Now, the court received the papers back in time, but, in error, they issued a judgement for the claimant. So he rushed to the court to complain, and they admitted the error (human error they said) and set the judgement aside issuing a certificate to that effect. Now the claim is in a "defended" status.
He asked the clerk about the consequences of all this but she was vague.. so I suggested to ask the experts here:
- Is this CCJ made in error and the subsequent "Setting Aside" harmful in any way to his Credit Rating?
- As the action is only partially defended and partially admitted will there be an eventual CCJ registred for the admitted part?
- If he settles out of court, will the whole episode be harmful to him in future?
Any other action he should be taking?
He is on a tight budget and doesn't have a Solicitor.
Many thanks.
0
Comments
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Just notcied this.
The ccj being set aside means it will be removed from his credit file like it never existed so shouldnt affect him.
If the claimants request judgment for the admitted part it may be granted and the defendant part will continue through court. - is there any way he can pay the part he admits in full?
For any further legal help - it may be worth him having a look at the legal services website (link below) which covers a whole range of legal issues.
Hope it goes well for him x
http://www.clsdirect.org.uk/index.jspPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
Thank you so much penguin83 the info about the CCJ being removed from the credit file is of great relief! My mate is most grateful.
He asks should he do if he wants to prevent the claimant from getting a judgement against him for the admitted part? He says he can borrow on his CC if he needs to meet the payment immediately.
Also thanks for the link to the legal site.0
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