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Name change ccj

Hi people 

 I need some advice 

 So I had my car resprayed by a back street garage (I know! )

 The guy done a terrible job  and had my car three times each time making it worse . I stupidly paid him £760 

 I took him to small claims court and he didn't respond to the claim so I won 

 He still refused to pay so I applied for a ccj. In the original money  claim forum I didn't know his surname and he doesn't have a company name  he is in a hut in a industrial estate. 

 Anyway I received a email from the court saying the ccj can't be upheld  unless I know his surname and was asked to return a form with his surname

. I managed to find out his surname emailed the court the form back 

 To my surprise court emailed me today saying thank you for telling them the surname but the ccj has been cancelled I now have to fill in a n244 form and pay a further £100 to get the surname added and ccj issued


 This fee was  not mentioned before and it just seems really unfair that I have to pay out even more money 

 Has anyone has this fee wiped???

Comments

  • Indi2021 said:
    Hi people 

     I need some advice 

     So I had my car resprayed by a back street garage (I know! )

     The guy done a terrible job  and had my car three times each time making it worse . I stupidly paid him £760 

     I took him to small claims court and he didn't respond to the claim so I won 

     He still refused to pay so I applied for a ccj. In the original money  claim forum I didn't know his surname and he doesn't have a company name  he is in a hut in a industrial estate. 

     Anyway I received a email from the court saying the ccj can't be upheld  unless I know his surname and was asked to return a form with his surname

    . I managed to find out his surname emailed the court the form back 

     To my surprise court emailed me today saying thank you for telling them the surname but the ccj has been cancelled I now have to fill in a n244 form and pay a further £100 to get the surname added and ccj issued


     This fee was  not mentioned before and it just seems really unfair that I have to pay out even more money 

     Has anyone has this fee wiped???

    You won't get this fee wiped or reduced. It's a set fee for the legal process.
    They could never issue a CCJ without having the persons surname.
  • MobileSaver
    MobileSaver Posts: 4,377 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 April 2021 at 7:13AM
    Indi2021 said:
     In the original money  claim forum I didn't know his surname and he doesn't have a company name
    I now have to fill in a n244 form and pay a further £100 to get the surname added and ccj issued
     This fee was  not mentioned before and it just seems really unfair that I have to pay out even more money
     Has anyone has this fee wiped???
    I am sorry but, no, the fee will not be wiped.
    The "small claims court" forms and instructions have numerous warnings that "errors made can be costly to you both in time and money."
    Many here will wonder what on earth you were thinking by issuing a legal claim against someone whose surname you didn't know. Specifically regarding defendants, the forms state:
    You should make sure the information you provide is accurate and complete. For any individual
    defendants you must make sure that you include their forename and family name and that you have
    spelt their name correctly. If you made an error when issuing the claim you may be required to amend the claim. This may include a formal application with a fee

    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Indi2021 said:
     Has anyone has this fee wiped???
    No, you made the error and so you have the costs to pay.

    With the online claim system the whole process is automated and so you can put garbage in and it'll take your money and only when it comes to a person looking at it will they say there is a problem but they aren't there to help you by checking it but there to ensure the civil procedural rules have been appropriately followed. The rules set out the costs for putting errors right and judges are not sympathetic to people making errors which are really understandable let alone silly mistakes by suing a first name only.
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