Small Claim’s Mediation + CCJ

JamesHand

CCJ has been granted and I submitted a N244 to set this aside (on the argument that I was not made aware of any this). Following my N244 application, I have been invited to complete an n180 form to see if we would like to try a mediate the case prior to the N244 going to the courts. Surely, if I just pay the fine outright, I would not have a leg to stand on in court as I was aware of the fine. I am trying to see if I can go to mediation, pay up and get the CCJ removed (as my argument is that I was not aware of the issue).

BoGoF

The time for mediation is before the original case was heard. The N180 is for directions for your set aside claim, although mediation is mentioned on the form it is not applicable now. As I said before why would the claimant want to mediate when they have a CCJ.

You are being vague on the circumstances in which the CCJ was granted. Did you know about original hearing? Did you attend? What typo meant you did not get any 'follow up'.

If you are going to rely on the '30 day rule' then I suggest you pay now. Depending on when you actually discovered the CCJ you may be able to say you paid within 30 days of becoming aware.

Whatever happens you are going to have to pay it so show willing and pay it now. That does not stop you applying for set aside and maybe the claimant will give consent if it's paid.

JamesHand

One more question then - does the claimant get to see my application to set aside the CCJ i.e. the n244 form?

BoGoF

They will be infotmed off the set aside application and, I assume, your grounds for applying.

If you knew about the original claim and did not defend it then the judge may not be impressed.

twhitehousescat

have you contacted the claimant and asked about setaside with consent?

at present you will be paying £255 + you say you will simply pay up when they re issue claim

a setasude with concent will cost £100+ the cost of the claim , therefore saving you £155

chanz4

If you accept mediation and pay you wont get a ccj

twhitehousescat

chanz4 wrote: »

If you accept mediation and pay you wont get a ccj

the ccj is already in effect

mediation id over funito dead as a parrot
either pay up and it stays on filed for 6 yrs marked as satisfied , OR get a setasude and fight or pay

JamesHand

twhitehousescat wrote: »

the ccj is already in effect

mediation id over funito dead as a parrot
either pay up and it stays on filed for 6 yrs marked as satisfied , OR get a setasude and fight or pay

I am not convinced that is the best option (unless I am missing something)? Surely the best option would be for me to continue with my already processed application to set aside the judgement and then if its set aside in court, connect with the claimant and pay of the bill (before they are able to process a new CCJ with the correct spelling of my name) OR if I go down the mediation route (if this is possible), agree to pay up on the condition that my CCJ is revoked. Would that be possible? I know you are saying that mediation is not available to me, but as I have been given the directional questionnaire, surely the claimant would have received the same and if we both select the mediation as our preference then agree to settle up prior to getting the court. I don't see why the Claimant would not select agree to settle in mediation as their first preference as I am potentially saving them court fees.

JamesHand

chanz4 wrote: »

If you accept mediation and pay you wont get a ccj

CCJ is in place. Would they be able to set it aside though?