CCJ Help

Eyeballpaul21

Hi everyone, 

I found out on Saturday that I have CCJ against me from a customer who wanted a partial refund on a car that was sold to her 2 years ago (16/08/21). 

I have spoke to the CCBC court this morning who has advised me that the claimant submitted a claim for £1060 for a partial refund on a car that was sold to her for £3000. I had a lot of back and forth with the customer before this advising her that we would not be refunding the amount as there was nothing up with the car. 

She then went forward and took the claim to court but the problem is she sent all the paperwork to the company address on the invoice(my old home address) which I haven't lived at for over 4 years(so I haven't received any letters or paperwork)

The invoice that was provided from her was from the ltd company not myself, so am I right in thinking the CCJ should of been registered against the ltd company as it was the company that sold her the car?

I am stuck as to what to do next, should I contact her via email and try to come to an agreement with her possibly being refunded and her consenting to having the CCJ set aside, or should I go straight to the N244 form and attempt to have it set aside by a judge as I have not received any paper work in regards to the court and my defence being that there was nothing up with the car and it should of been the ltd company that received the CCJ and not me personally?

Any help would be massively appreciated, my mortgage is up for renewal in 6 months and with 2 young children I am panicking that if this isn't sorted we may have to sell our home as won't be able to afford the mortgage.

Ayr_Rage

I think you may make even more issues for yourself admitting you sold a car in 2021 from a company whose address was at least 2 years out of date at the time of the sale.

I am sure more knowledgeable forumites will give you a timescale for getting a set aside but whether that'll come off you credit report in time for your next mortgage renewal may be an issue.

MattMattMattUK

Eyeballpaul21 said:

Hi everyone, 

I found out on Saturday that I have CCJ against me from a customer who wanted a partial refund on a car that was sold to her 2 years ago (16/08/21). 

I have spoke to the CCBC court this morning who has advised me that the claimant submitted a claim for £1060 for a partial refund on a car that was sold to her for £3000. I had a lot of back and forth with the customer before this advising her that we would not be refunding the amount as there was nothing up with the car. 

She then went forward and took the claim to court but the problem is she sent all the paperwork to the company address on the invoice(my old home address) which I haven't lived at for over 4 years(so I haven't received any letters or paperwork)

If you sold her the car two years ago were you using paperwork with an address that was not either your trading address or registered office for two years before that? Had you updated the address of the Limited on Companies House? Is the Limited company still active or has it been wound up, liquidated, or made dormant? 

Eyeballpaul21 said:

The invoice that was provided from her was from the ltd company not myself, so am I right in thinking the CCJ should of been registered against the ltd company as it was the company that sold her the car?

It would need to be more than just the invoice. Did you process the transaction through the Limited, was the bank account she paid the funds to the Limited companies bank account, or was it your personal bank account?

Eyeballpaul21 said:

I am stuck as to what to do next, should I contact her via email and try to come to an agreement with her possibly being refunded and her consenting to having the CCJ set aside, or should I go straight to the N244 form and attempt to have it set aside by a judge as I have not received any paper work in regards to the court and my defence being that there was nothing up with the car and it should of been the ltd company that received the CCJ and not me personally?

If the transaction was legitimately through the Limited company and the CCJ is against you personally then you can have it set aside. The address issue might complicate things, especially if you were trading using old paperwork. 

Eyeballpaul21 said:

Any help would be massively appreciated, my mortgage is up for renewal in 6 months and with 2 young children I am panicking that if this isn't sorted we may have to sell our home as won't be able to afford the mortgage.

If you are not planning on remortgaging with a different lender or borrowing more it probably will not matter much and six months is more than enough time to get it resolved so do not worry about that. 

Eyeballpaul21

Thank you for your prompt responses

We were using an invoicing/stock software called virtual yard and it was an oversight on my behalf to have the address updated. She has no dealings the old address, I was trading from home and she came and collected the car from my home address.

Transaction was processed through the limited company bank account, and all correspondence was through the company email account too.

Company was dissolved in April 22 after liquidation.

Would my best plan to just apply to courts as I have been penalised personally or would it be better to have some contact with her first to see if we can come to an agreement?

MattMattMattUK

Eyeballpaul21 said:

Thank you for your prompt responses

We were using an invoicing/stock software called virtual yard and it was an oversight on my behalf to have the address updated. She has no dealings the old address, I was trading from home and she came and collected the car from my home address.

Transaction was processed through the limited company bank account, and all correspondence was through the company email account too.

Company was dissolved in April 22 after liquidation.

Would my best plan to just apply to courts as I have been penalised personally or would it be better to have some contact with her first to see if we can come to an agreement?

The first part is potentially a minor issue.

Was the CCJ issued before or after the Limited company was dissolved? 

You can complete the N244 and have the judgement set aside as it was issued incorrectly, however you will need to attend the court and you will need to pay £275. The judge will look dimly on your failure to update the address details of the Limited Company on paperwork and Companies House, but that will not directly impact the set aside. 

https://www.gov.uk/county-court-judgments-ccj-for-debt/cancel-the-judgment

Eyeballpaul21

CCJ was issued 16/08/2021

company wind up commenced July 21 and dissolved apr 22

Would it matter she knew my home address and didn’t write to me there?

thanks 

MattMattMattUK

Eyeballpaul21 said:

CCJ was issued 16/08/2021

company wind up commenced July 21 and dissolved apr 22

The issue will potentially be that the CCJ was issued, and should have been issued to the company before the company was wound up and dissolved. Did you take any money out of the company after the date the CCJ was issued?

Eyeballpaul21 said:

Would it matter she knew my home address and didn’t write to me there?

No, that is irrelevant. What was the registered office address on Companies House at the point court proceedings were commenced, was that the old address, or the correct address? 

Eyeballpaul21

No money was taken out of the company from start of July 2021. Address was old trading address untill July 26th 2021 when it was changed to the liquidators address. 

Eyeballpaul21

Sorry last money taken out was 7/6/21

MattMattMattUK

Proceedings were likely issued in June of that year then. You are probably safe, but I do not know for sure, as you potentially issued dividend in a year when the company was insolvent, even if it was an unknown debt, though as I say not sure about that.

The first thing to do is get the set-aside taken care of, that will get it off your personal credit report and as the company is now defunct it is unlikely that anything further will happen. The customer obviously is not that bothered about it as despite obtaining a CCJ they have not taken any subsequent enforcement action, but I would not contact them at all, just go via the court. 

Eyeballpaul21

Apologies I think I have misunderstood. No dividends were taken out from the company when I say taken out I meant the last outgoing which was a direct debit to DVLA.