ELMS Legal CCJ fees

welly_59

nosferatu1001 said:

A set aside seems unlikely. Under what grounds would you give to set aside the judgement? 

CCBS staff stated that it would be due to excel refusing to take payment, hence they are breaching the judgement details

nosferatu1001

Yes, I get thats what youve been told
WHich part of the CPRs - 13.2 and 13.3 are the starting point - would that fit into? THAT is what YOU need to understand. 
Of course your bank will issue a bankers draft, and a bankers draft is cleared funds by definition. 

Castle

nosferatu1001 said:

A set aside seems unlikely. Under what grounds would you give to set aside the judgement? 

Might be relevant after the 30 days is up; if Excel fails to accept payment or inform the court that payment has been made.

welly_59

nosferatu1001 said:

Yes, I get thats what youve been told
WHich part of the CPRs - 13.2 and 13.3 are the starting point - would that fit into? THAT is what YOU need to understand. 
Of course your bank will issue a bankers draft, and a bankers draft is cleared funds by definition. 

looks like the woolly section 13.3(1)(b)(i)

nosferatu1001

Hence why I would suggest you get this sorted now, before having to pay £255 for a set aside, which I doubt will be looked massively favourably on as (as far as the court can tell) you completly ignored the claim form. 

welly_59

nosferatu1001 said:

Hence why I would suggest you get this sorted now, before having to pay £255 for a set aside, which I doubt will be looked massively favourably on as (as far as the court can tell) you completly ignored the claim form. 

i submitted a request for time to submit defence, so not totally ignored. I then missed the deadline to submit defence

nosferatu1001

All you did was acknowledge service, which is a minor part. You ignored the substantive part. 
The bit that niggles here is that the court order said "forthwith". That usually means "do it now", yet you didnt = you waited, by your own admission. Thats about the only thing that can be construed against you as regards payment
Send a SAR to Excel. Get a copy of the letter Elms claim Excel sent you giving you 10 days to pay. 
Its an obvious step because if no such letter exists, then ELMS have lied to you. That should concern the SRA.....

welly_59

i can do a SAR but that doesnt help me with the march 5th deadline to pay the CCJ.
Judgement states "forthwith", i think it depends if the courts expect "forthwith" to mean within a week? 2 weeks? a month?

D_P_Dance

Can this not be paid on line?

KeithP

welly_59 said:

Judgement states "forthwith", i think it depends if the courts expect "forthwith" to mean within a week? 2 weeks? a month?

There can be no debate.

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