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CCJ advice.
Glennyggg
Posts: 4 Newbie
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
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
0
Comments
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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.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-letter0 -
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.0 -
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.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-letter0 -
Thanks mate, I've sent a PM to Di. enjoy your weekend!!0
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