CCJ from BW Legal. Please help.

Coupon-mad

AnthonyAB wrote: »

With a CCJ do I have one month before they can enforce it? They said something about needing to respond within 14 days,

Your draft order (if you copied the 6 point order seen on other set aside threads) asks that the Judge orders that enforcement is suspended while the set aside procedure is undertaken.

Even so, it's highly unlikely that Britannia will try to enforce this with a bailiff this month, before you get a court date. Shut the door on them if so. No need to worry about that, highly unlikely.

AnthonyAB

Oh I see, so I have a month to pay or set aside but they can enforce if I don't contact within 14 days (But probably will not).

I will look at the 6 point order.

AnthonyAB

I can't find the 6 point order lol. ?
I've searched the NEWBIE thread too.

KeithP

Well I found this post in less than a minute by putting the words six point draft order into the forum's search facility.

Umkomaas

AnthonyAB wrote: »

I will look at the 6 point order.

AnthonyAB wrote: »

I can't find the 6 point order lol. ?
I've searched the NEWBIE thread too.

Did you spend all of those 6 minutes doing your search?

AnthonyAB

Yeah, it's okay thank you. I won't post in here anymore. People have been very rude, unhelpful and passive aggressive from the start.

Thank you to those who actually tried to help me.

onlyfoolsandparking

AnthonyAB wrote: »

Yeah, it's okay thank you. I won't post in here anymore. People have been very rude, unhelpful and passive aggressive from the start.

Thank you to those who actually tried to help me.

Your welcome;)

onlyfoolsandparking

Coupon-mad wrote: »

It's a no-brainer to me to do a £255 set aside and defend.

The ONLY ones I would trust to do a set aside 'properly' and without charging loads more, is ParkingEye, and I would consider advising that to someone whose case was from ParkingEye, BUT ONLY where the facts were like the Beavis case and thus, far less likely to be won in the end.

This OP's case is not like that - he/she has strong prospects of success.

And everyone can ask the Judge to award the £255 fee to be paid by the Claimant but you are right, there is no guarantee, but we can but try for that too!

I understand what your saying CM and thanks for the useful info, only one more question, you said assuming the 30 day deadline had passed, well according to the OP they have until 2nd May to pay up so they are well within the 30 day deadline, does this alter which way to go knowing they could (begrudgingly I guess) just pay the £250ish and walk away CCJ free?

Coupon-mad

No, because the OP's story shows this is not one to lie down and take!

waamo

Coupon-mad wrote: »

No, because the OP's story shows this is not one to lie down and take!

I agree. If a set aside can be achieved then it's a sensible option. I've stated before I'm risk averse so always give the least risk option as advice but the op has a very strong case here.