CCJ set aside chances?

Susieee

Hello,

I hope someone can help me with some advice going forward.

I sold a motorcycle on 21 November 2020 to a family friend. I didn't change the registered keeper unfortunately. I also had the motorbike registered to my old house.

The buyer took the motorbike to a mechanic and had around £1500 worth of work done. They then refused to pay for the work. 

On 10 March 2021 a CCJ was issued against both me and the buyer. The mechanic presumably getting my details from the number plate and registered keeper.

I only found out about the CCJ recently when trying to apply for a mortgage.

I issued a receipt to the buyer which I have a copy of signed by both parties.
The buyer has paid the mechanic £500 by bank transfer but cannot afford any more. He acknowledges the debt is his.
The house where the CCJ was registered suffered a really bad fire (24 Feb 2020). The CCJ was issued only a few weeks later 10 March 2021. It was off limits for a number of months as it was lockdown and needed a fire report done to see the extent of the damage etc.

What are my options for a set aside? The mechanic is not being helpful and just wants his outstanding amount paid regardless.

Thanks in advance.

Ed2022

Not sure whether this comes under this area of the forum. You can apply without the mechanic however would need to pay the fee.

Coupon-mad

Whilst this isn't a parking query, it sounds like you can get this CCJ set aside under CPR 13.2 and 13.3, same as we do with parking charge cases.

It will cost you £275 for an application with a hearing, or £108 for an 'on the papers' application (without a hearing) but to achieve the latter you have to make your evidence compelling.

But firstly, I would contact the Claimant and ask for consent to set aside the CCJ against you, which was wrongly brought because:

(a)  a DVLA-recorded 'registered keeper' is not liable under any rule of law, for repair costs incurred and contractually agreed independently by a completely unrelated keeper/driver;

(b) the first Defendant (the other party, who took the vehicle in for repairs) has accepted liability for the debt, has started to settle it and agrees that they were the owner and keeper of the motorcycle from late 2020 onwards;

(c). The claim form was not served because (briefly state the issues with that address), and

(d). if - given the above facts - the Claimant refuses to consent to the set aside by signing a Consent Order, you will apply for a 'contested' set aside with a hearing, and will hold the Claimant liable for all your costs including the £275 set aside N244 court application fee, due to their wholly unreasonable conduct in causing this CCJ against the wrong person (presumably trying to leverage payment from an unrelated person by fear) then refusing to consent to the CCJ's removal.

You could agree not to pursue the C for your £108 fee if they create and sign a consent order by the end of October.  Then get your friend to agree to pay you the £108 to clear your record and stop you being out of pocket, because he caused this.

Susieee

Many thanks. I will let you know how it goes with him but from past experience, he isn't a nice guy.

Susieee

Coupon-mad said:

Whilst this isn't a parking query, it sounds like you can get this CCJ set aside under CPR 13.2 and 13.3, same as we do with parking charge cases.

It will cost you £275 for an application with a hearing, or £108 for an 'on the papers' application (without a hearing) but to achieve the latter you have to make your evidence compelling.

But firstly, I would contact the Claimant and ask for consent to set aside the CCJ against you, which was wrongly brought because:

(a)  a DVLA-recorded 'registered keeper' is not liable under any rule of law, for repair costs incurred and contractually agreed independently by a completely unrelated keeper/driver;

(b) the first Defendant (the other party, who took the vehicle in for repairs) has accepted liability for the debt, has started to settle it and agrees that they were the owner and keeper of the motorcycle from late 2020 onwards;

(c). The claim form was not served because (briefly state the issues with that address), and

(d). if - given the above facts - the Claimant refuses to consent to the set aside by signing a Consent Order, you will apply for a 'contested' set aside with a hearing, and will hold the Claimant liable for all your costs including the £275 set aside N244 court application fee, due to their wholly unreasonable conduct in causing this CCJ against the wrong person (presumably trying to leverage payment from an unrelated person by fear) then refusing to consent to the CCJ's removal.

You could agree not to pursue the C for your £108 fee if they create and sign a consent order by the end of October.  Then get your friend to agree to pay you the £108 to clear your record and stop you being out of pocket, because he caused this.

Thanks for the detailed reply, it's really helpful.

Just to clarify, if the Claimant creates and signs a consent order, that is considered compelling evidence? I can then ask for the on the papers hearing, correct? I assume this hearing is a lot quicker.

How quick could the CCJ be removed if all parties agree?

Costs are not an issue. The CCJ is preventing me from buying a house and it's very stressful. I could offer to pay for the consent order as well I guess. The mechanic has solicitors, not sure how willing he will be to get them involved and incur costs which will mean delay for me. From past dealings and protracted email communication, he is proving to be very stubborn.

Susieee

I'm also wondering when the application would have been received to that address if the CCJ went on my file on 10 March 2021. Is it possible the application was served before the fire?

Thank you.

KeithP

Susieee said:

I'm also wondering when the application would have been received to that address if the CCJ went on my file on 10 March 2021. Is it possible the application was served before the fire?

Thank you.

Ask the County Court Business Centre when the Claim was issued.
That does assume the Claim was issued by the CCBC.

Coupon-mad

Susieee said:

I'm also wondering when the application would have been received to that address if the CCJ went on my file on 10 March 2021. Is it possible the application was served before the fire?

Thank you.

You mean the claim. Would have to have been over 3 weeks earlier. Maybe months. Your friend will know because they got their claim form at the same time.  You were joint Defendants so the claim was served to you both concurrently.

A signed Consent Order should be enough, along with your N244, £108 fee and a Witness Statement explaining the same points a-d that make your case compelling, which is why you need to spell them out in writing to the Claimant first, and making it worth the Claimant's while to agree (to avoid your costs).

And if you can't get a Consent Order saying as much, you'd need a Draft Order (a word doc, NOT a PDF).  Examples in a different context are seen on this parking forum in our CCJ set aside cases every week. You'll need to search for a few to 'get it' how to word one; it's for the Judge to use, make their life easy to understand what you want ordered.