Perhaps not in the right place - newbie! Relates to a CCJ

Savergirlxo

Hi,

Firstly thank you for reading and a massive thank you if you offer me any advice it’s going to be greatly appreciated.

So, I own a small business, selling baby clothes and Prams. A customer came in wanting to order a pram I got in touch with the supplier and they emailed over a ‘clearance’ list of what they had available, she chose one and I gave her a price for it as a bundle. She received fine and had no problems at all.

6 months on she came to me and said that there’s no footmuff when I ‘told her there was one’ - I certainly don’t remember saying this and explained it was a clearance Pram from the discontinued fabrics of that supplier so what was in the package was all that was available but as a goodwill gesture I would look to see if I could source one - I couldn’t. She was never specifically charged for any footmuff just for a travel system pram. Fast forward a couple more months after hearing nothing from her she comes in my shop screaming at me in front of lots of other people. It was quite mortifying and I explained again she was never charged for a footmuff and that the fabric no longer existed and she stormed off out (after throwing some of my items around my shop) so I thought that it was done with.

Until December I received a judgement by default that dates back to June and that she had in fact put the wrong address on so I did not receive any papers to defend etc the address was crossed out in pen and my correct address was written on. I phoned straight away and explained it was the first I had heard of this and that the address was wrong they said they could see on the system that the papers had be returned to them but the claimant phoned and said she served in person - she did not. They also said that I would have to pay £255 to set aside the judgement - nearly triple of the judgement so I thought sod it I will just pay it. Went to pay a couple of days later and it had been passed over to our local county court for a warrant which then added extortionate fees.

I phoned the bailiff dealing with it and she was actually surprisingly very helpful. Said judgement should never have been entered but that I would have to pay the fee to have it set aside HOWEVER, she then noticed that the judgement was made entirely incorrectly. She had entered it under my business name (which was misspelled as well) and in fact she should have entered it under my personal name trading as the business name. So the judgement currently is not lawful (she said the lady was a total handful and had even been giving the bailiff abuse so worked in my favour for the advice I guess!).

Now she said the only worry is - that she can apply to get the name changed to the correct one. So what I am wondering is, if she does apply for the correct name will I have the opportunity to defend it? If not, will I be liable for the original costs incurred even though she was at fault for entering them incorrectly (the CCJ cost and bailiff cost?).

I’m still in shock that she had the audacity to do this. We have all copies of receipts which show she was never once charged for a footmuff and can only assume she entered the wrong address on the forms purposefully so I could not defend.

Would really appreciate any advice.

Thanks again x

sourcrates

Moved to more appropriate board.

WhenIam64

If not, will I be liable for the original costs incurred even though she was at fault for entering them incorrectly (the CCJ cost and bailiff cost?).

Bailiff is correct. There are two tests for a set aside

1. Was the claim served to the correct address (It wasn't)
2. Is the case defensible (sounds like it is as it comes down to he said/she said)

You pay the £255 and you have 5 mins in front of a judge who will apply the two tests. At that hearing you ask for [your] costs to be repaid by the claimant or "reserved" for the rehearing. Mostly a judge will delay to the next hearing.

Often what happens is when the claimant realises they now have to appear in court, justify the wrong address, explain why they think they are owed money, they bottle it. They also run a risk of having to pay back your £255 on top of the £50 they have shelled out.

So the rehearing doesn't happen as the case is discontinued and you are out the £255 but have nothing else to pay.

Just an abuse of the court system by some, but no different from many of the debt collection companies on here.