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CCJ for a Court Awarded Costs debt in a long running civil case that has moved to fast track
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GoodHouseKeeping
Posts: 14 Forumite


Hi,
Does anyone have any experience of this type of debt/CCJ - apparently the process follows a different route to that of other types of debt?
On the 8 July 2022 a judge made an order that I should pay the other party's costs £180.00 ( a poor judgement in my view, but a debt that needed paying nevertheless). The other party is a company and the directors' emailed me payement details - a bank account on the day the payment was due (22 July 2022), but the bank account was an account belonging to the director personally specifically not the other party (the company). On the 26 July 2022 the directors approached an insolvency practitioner wtv to entering into CVL and did so on the 6 Sept 2022.
I didn't pay it but questioned the validity of the bank account and was repeatedly informed that the money should be paid to the director personally - I believe that this is fraud.
In February 2023 a CCJ appeared on my record but I was unware until I received an N39 Order to attend Court for questioning on the 11 April 2023. I attended but the Court clerk told me to go home as the civil case had been dismissed and therefore I didn't owe any money. The otehr side also attended but I believe that they may have signed an EX550 falsely declaring that they were the Judgement creditor - I have asked the Court for a copy, if it exists.
As the matter is still unresolved, the court, indeed the His Honour the Circuit Judge has once again issued an N39 Order to attend Court on the 4 July 2023. On the order they have stated that the judgement creditor is the insolvent company, but sent the letter to the ex-director of the company to serve me the notice. The ex-director is just that the ex-director and has no authority to act for the insolvent company, that is what the IP does. This time I know that there is a requirement to complete an affidavit EX550 so it will be interesting to know who will be completing it.
This is a dogs dinner.
I am frustrated that a CCJ is on my credit file when I have not been given a bona fide account to make the payment, that someone (the Court?) has authorised the CCJ without informing me or checking with me on the fact. The directors who have persistently lied and perjured themselves throughout this case appear to have been given the authority by the Court to confirm that the judgement debt has not been paid and is still owing regardless of the facts and on that basis a CCJ has been applied to my account.
Are there any legal minds on this forum - please do not tell me to get legal advice because if I could afford to do so, believe me I would not be in this mess in the first instance and I have tried every which way to get help but there is none available to me. Cheers
Does anyone have any experience of this type of debt/CCJ - apparently the process follows a different route to that of other types of debt?
On the 8 July 2022 a judge made an order that I should pay the other party's costs £180.00 ( a poor judgement in my view, but a debt that needed paying nevertheless). The other party is a company and the directors' emailed me payement details - a bank account on the day the payment was due (22 July 2022), but the bank account was an account belonging to the director personally specifically not the other party (the company). On the 26 July 2022 the directors approached an insolvency practitioner wtv to entering into CVL and did so on the 6 Sept 2022.
I didn't pay it but questioned the validity of the bank account and was repeatedly informed that the money should be paid to the director personally - I believe that this is fraud.
In February 2023 a CCJ appeared on my record but I was unware until I received an N39 Order to attend Court for questioning on the 11 April 2023. I attended but the Court clerk told me to go home as the civil case had been dismissed and therefore I didn't owe any money. The otehr side also attended but I believe that they may have signed an EX550 falsely declaring that they were the Judgement creditor - I have asked the Court for a copy, if it exists.
As the matter is still unresolved, the court, indeed the His Honour the Circuit Judge has once again issued an N39 Order to attend Court on the 4 July 2023. On the order they have stated that the judgement creditor is the insolvent company, but sent the letter to the ex-director of the company to serve me the notice. The ex-director is just that the ex-director and has no authority to act for the insolvent company, that is what the IP does. This time I know that there is a requirement to complete an affidavit EX550 so it will be interesting to know who will be completing it.
This is a dogs dinner.
I am frustrated that a CCJ is on my credit file when I have not been given a bona fide account to make the payment, that someone (the Court?) has authorised the CCJ without informing me or checking with me on the fact. The directors who have persistently lied and perjured themselves throughout this case appear to have been given the authority by the Court to confirm that the judgement debt has not been paid and is still owing regardless of the facts and on that basis a CCJ has been applied to my account.
Are there any legal minds on this forum - please do not tell me to get legal advice because if I could afford to do so, believe me I would not be in this mess in the first instance and I have tried every which way to get help but there is none available to me. Cheers
0
Comments
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You may be better served posting this on the legal beagles forum.
Its free, and the legal advice given is free, they have legal experts who may be able to help.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
Thanks I will and perhaps remove this thread?0
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