Debtor wants ccj set aside?

Lillymae

Hi, will try to condense as much as I can as it’s a long story!

Took a course in February, was supposed to be 3 days and get a kit with it but was only given 2 dates and partial kit.
Course was advertised as Habia endorsed but found out later it wasn’t.
Spoke to Trading Standards, Advertising Standards and Habia and all agreed contract was broken.

I was in constant contact with the man that did the course, he was arrogant, lied to me constantly, refused to give address out, refused to tell me his company complaints procedure and refused to refund any money.

I applied for a CCJ and used address he had one on his websites, it was wrong but I sent him all information, copies of court papers etc through email, he always responded to my emails.

He never responded to court, only response to me was constant threats of suing me.

CCJ was granted in May, he was informed by me via email after giving another false address.

He now wants to have the ccj set aside and tells me it will be as he never received it via mail and then he is going to sue me for slander and defamation of character - what are his chances?

Thank you if you read all this 🙈

steampowered

You aren't liable for slander or defamation of character as a result of a court process, so there is nothing to worry about there.

Of course whether you can enforce the CCJ without knowing the Defendant's address is another question. If you have his bank account details you could consider a third party debt order.

Lillymae

I’m looking into a tracing agency atm!

He is going to try to get this ccj set aside by saying he never received the paperwork as I used an old address ( because he wouldn’t supply a valid one unfortunately)!

What I’m worried about is that he will be granted for it to be set aside on this basis even though he did know about it as I sent him all the information via email and wondered how likely that would be?

The constant threat of suing is his way of intimidation as I know after saying this since February if he was going to instruct his lawyer to do this he would have already - totally fed up with his constant threats etc.

babyblade41

I am using a third party debt order as it's a business.

I got it granted by the court as I paid the company through transfer so had full bank details

Once you have a third party debt order in place by the court ( took the court in my case just 5 days from applying to it being granted) then the bank freeze the debtors account .

The debtor won't be able to use the account to the amount that they owe and if I read my paperwork correctly they won't know immediately in case they withdraw all the money

The bank then has control unless they can prove hardship by approaching the court .

Another court case is held a relatively short time after to see if the court approve the third party debt order and money released by the bank

It's a very useful tool especially with a business ..hope that helps a little

Lillymae

Thanks but I’ve tried that but he had no funds in the account unfortunately 😔

twhitehousescat

ok , 2 ways , you allow a setaside with consent PROVIDING HE PAYS YOU FIRST , this costs him £100

or you let him go for a setadide , fight him or not , it will cost him £255

if he wins , the setaside simply stops the clock and you pay another £30 , and use the address for the courts

hollydays

So tell him to pursue a set aside ...and to cease communications with you?

waamo

As it's a business is there not a business address you can serve papers?

DoaM

Is it a business registered with Companies House? Or is he a sole trader?

Have you tried a WHOIS lookup for his website?

Lillymae

No address on his website as he users rooms that he rents out for his courses and he won’t supply an address until you pay a 50% deposit!

His business is registered at Company House as being dissolved!

He is a sole trader.

Paul_DNAP

They will have to apply for the set aside motion using a current contact address, so at least you will learn that, it will be useful for enforcement if/when his set aside fails.