Struck out case now a 7k debt

rtempy

I had a dispute with a builder resulting in a small claims track. The builder never paid the hearing fee or complied with court directions so the claim was struck out. I had this confirmed via letter email and telephone. 
I then received a CCJ for 7k as the hearing went ahead when it shouldn't have as it was never removed from the court list. Any advice on what I can do?

sourcrates

Hi,

I would assume you should be able to have the judgement set aside on the basis the claim was struck out prior to the judgement been made in error.

But you may either want to post this on the Legal Beagles website, or obtain independant legal advice before proceeding.

Galloglass

I had this confirmed via letter 

As above with Legal Beagles but where did the letter come from.

Court admin was all over the place prior to Covid and it's even worse now. Often the hearing fee is paid but not marked against a case so automatic "strike out". They then find the fee and the hearing is reinstated which can mean that there are two different understandings. 

If your letter is from the actual court and it actually states the case was struck out, I would contact the court and find out what happened. You could apply for a set-aside and get a rehearing at no cost if the error was the court's error. But you'll have to get chapter and verse from the Court Manager at the court. 

rtempy

No response from legalbeagles as yet sadly.
Letter was from HMCTS. Its still down as being unpaid according to the helpline.
See attached letter from hmcts. Followed by the judgement.

Galloglass

You need to fill in a N244 form to ask for a Strike out. You may have to pay a £255 fee but those two letters indicate a breakdown in the internal communication at the court about whether the Claimant had paid the hearing fee or not.

https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/#letterconsent
https://www.gov.uk/government/publications/form-n244-application-notice

As regards the fee, I would include the £255 to at least get the N244 into the system and when the set-aside hearing goes ahead ask the judge to have it repaid as it was clearly not your fault.

What was your fault, but correct me, is you did not pay your fee for the counterclaim and the automatic strike-out was applied. No way back from that one I fear.

rtempy

Thanks for the advice.
I didnt pay the fee for the counterclaim as I was told the original claim was struck out and therefore  just wanted it done with it all. More fool me eh?