Court hearing missed call

Le_Kirk

The CCBC has to send your defence to the claimant who then have 28 days to read it and decide it they want to continue and inform CCBC.  Then the CCBC will send out N180 forms to both of you.  Given you submitted defence on 22/12/20 and that there have been some sort of holidays in between I would expect a couple of weeks waiting time still.  You can check the progress of your case by logging in to MCOL and it should state "defence submitted on .........."  "defence received on ......." etc.

bradders1988

Had my court date for phone call set as Friday at 10am. Waited by phone but received nothing and my phone started to glitch (what a day to do it) had to take phone in to be repaired, and when I got back to pick it up had calls at 12 midday which appear to be from the court. Apparently I have a judgement against me, but can file an N144 form for another hearing? What do I do?!! Help please

Le_Kirk

Do you mean a N244? If so that is a set-aside form and is used to get the judgment set aside.  Ask Auntie Google to show you the N244 form (if it turns out to be that) and there is usually some help and guidance on completing it.

bradders1988

Yes that’s the one, sorry it was a typo. The cost is £255 to submit that, will it put the CCJ and fine on hold until after the next hearing. What happens if I lose the next hearing, will I have chance again to pay in full to prevent the CCJ? Primarily I just don’t want a CCJ on my record. Oh the the fine including costs is circa 500  

Coupon-mad

You lost because you were unavailable for the call.   As such, I assume the Judge decided your non-attendance was unreasonable conduct and allowed all the costs including their rep's fee (three figures).

I am afraid there is no going back because the non-attendance was in your hands (you could have supplied another phone number if that phone was playing up so much it had to be repaired) and you don 't get another hearing. You were never going to win, the minute you didn't make yourself available to attend. 

You lost and you have to pay it all within 30 days.  So sorry but this has been royally screwed up and there is no reason to set aside a judgment from a hearing you failed to attend, even under these circumstances.

bradders1988

Hi guys. Extremely disappointed in myself for this. But it is what it is and I must suck it up. I rang the court and and spoke to the civil team who advised the order has not been issued yet, does anyone know how long I’ll have to pay the balance due before a CCJ is automatically applied to my name? As soon as the order is issued id want to pay it on the day. Could the court issue me a CCJ regardless of how soon I pay the amount owed to the claimant?

I really could have done without this during these times.

thanks for any guidance 

Umkomaas

You now have a CCJ against you, but as long as it is paid in full by the due date it is expunged from your records as though it never happened. You normally get one month to pay, but you must check your costs order very carefully as sometimes Judges can foreshorten the deadline. Sorry to hear about the foul up. 

Don't go for any payment plan, as far as your credit rating is concerned, a payment plan is equivalent to not paying at all, your credit rating is still shot.

Credit ratings are often updated only once per month, if the update day and the new CCJ date are the same, you may have a temporary downgraded rating, but should be returned to 'normal' the following month. But the two dates coinciding would be an extreme coincidence. 

Timeouts

bradders1988 said:

Hi guys. Extremely disappointed in myself for this. But it is what it is and I must suck it up. I rang the court and and spoke to the civil team who advised the order has not been issued yet, does anyone know how long I’ll have to pay the balance due before a CCJ is automatically applied to my name? As soon as the order is issued id want to pay it on the day. Could the court issue me a CCJ regardless of how soon I pay the amount owed to the claimant?

I really could have done without this during these times.

thanks for any guidance 

This is all a great shame, bit harsh of the judge 

The order will say how many dys you have to got and as long as you pay within the time period there is no CCJ.   Keep on top of this

Le_Kirk

It's normally 30 days from the date of issue but since you don't know (or it hasn't been) issued yet, that doesn't help.  As advised, keep on at them.

bradders1988

Umkomaas said:

You now have a CCJ against you, but as long as it is paid in full by the due date it is expunged from your records as though it never happened. You normally get one month to pay, but you must check your costs order very carefully as sometimes Judges can foreshorten the deadline. Sorry to hear about the foul up. 

Don't go for any payment plan, as far as your credit rating is concerned, a payment plan is equivalent to not paying at all, your credit rating is still shot.

Credit ratings are often updated only once per month, if the update day and the new CCJ date are the same, you may have a temporary downgraded rating, but should be returned to 'normal' the following month. But the two dates coinciding would be an extreme coincidence. 

Ok thanks, no letter off anyone as yet and no date to pay, feel like I’m in limbo and don’t know what to do. Not even the claimant knows!!