CCJ advice.

Glennyggg

Hi there, I have won a CCJ against a client who owes me money (by default) The Sheriffs went around and collected money in full. The defendant is also claiming he couldn't file his defence on MoneyClaimOnline and is attempting to have the CCJ set aside.

There is a court hearing for him in April where he will put his case fwd. But my question is: he has already paid me in full. How will this work? Will I have to refund the money if he happens to be successful?

May thanks in advance!

G

sourcrates

Hi,


Does the client deny he owes the money, what defense is he attempting to put forward, do you know ?


A setaside can only be granted under certain conditions, usualy only if the money is not owed, or court papers were not recieved, the client must have a defense with a reasonable chance of success, otherwise a setaside will not be granted.


I understand you will both have to attend a hearing with the judge, and it will be decided at that point.

Glennyggg

Thanks for your speedy response mate!

He is claiming he tried to file a defence but his defence was rejected as "Filed by third party". even though there is no defence submitted on MCOL for either of the defendants.

sourcrates

We have a resident solicitor on the forums, Just Di, who may be of more help to you, but it is legal advice you need here.


It will be down to the defense he has, and the judge on the day.

Glennyggg

Thanks mate, I've sent a PM to Di. enjoy your weekend!!