CCJ setting aside
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The difference is likely the judgement cost. The claim form, includes the amount claimed, interest claimed, fixed costs & fees for the claim form to be issued and for the claimant to cover towards getting a solicitor. When a judgement is entered there will be an additional fee for the judgement to be entered. This is on top of what is stated on the claim form.
You don't specify the amount that was claimed, but they are fixed dependant on how much was claimed and are available online.0 -
Did you move address from when the debt was first being collected?0
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Contact the County Court involved and request copies of the documentation from them directly.
It sounds like what you have been sent are office copies of what they sent to the court (hence the fact that there is no seal on the judgment). It also sounds like the £30 is the allowed fixed solicitor's costs on entry of Default Judgment - is the amount of the judgment over £5,000?0 -
Hi Everyone,
I'm new to this forum and am just hoping to see if anyone else has gone through what I am currently experiencing.
To try to be as brief and concise as possible, I had outstanding tuition fees which the university I attended referred to a DCA which I was paying on a monthly basis.
The company collecting ceased trading and folded and I had no communication on this. As I was hoping to soon apply for a mortgage in the new year I checked my credit report which has a ccj applied to it in regards to the tuition fees and is dated back to 2016. I queried this with the university who requested the new collection agency they had unknowingly appointed issue copies of the court documents which I have not received prior.
The values of the claim form differs from the certificate of judgement order form they have provided and submitted to the court (by around £30), and an element of the form states "This Certificate is only valid if sealed and this section is completed". The section includes initials so the signature element is completed, however it has not been dated to say when it was signed which in my opinion would technically mean it is not valid (based on their own stipulations on their own form)
It just doesn't seem right to me that the claim amounts differ, the form hasn't been fully completed by the court and that I was paying off the debt originally.
Any advice on whether or not you think I should pursue to set aside? Thank
You've two hopes mate, and Bob is already dead!
You accept you owe the complianant money.
I suggest you pay what is owed, and negotiate with the complainant if you think there is any cause for a refund.
You could even possibly raise a claim of your own if they won't refund what you suggest is rightfully yours.
It'll be cheaper that making a application that is sure to fail.0 -
ciderboy2009 wrote: »Contact the County Court involved and request copies of the documentation from them directly.
It sounds like what you have been sent are office copies of what they sent to the court (hence the fact that there is no seal on the judgment). It also sounds like the £30 is the allowed fixed solicitor's costs on entry of Default Judgment - is the amount of the judgment over £5,000?
Costs (not including court fees) are not usually awarded in CCJ matters.0 -
Hi Gary,
Thanks for the response.
The original claim form details all the court fees and breaks them down.
Theres just an additional cost that even the court could not explain when I contacted them.
:cool:
The original claim form would detail what was claimed as owed, else the court would not have given judgement on that amount.
In the unlikely event it has, you would certainly have grounds for appeal.0 -
Thanks for all the replies everyone. To answer your question LordSmug, the claim form includes all the particulars and breaks down the cost including amount claimed, court fees and solicitors fees.
The actual judgement then is 30 pounds higher, bringing the total to £1072 rather than £1042.
The additional cost has been added to a line called total costs. But doesn't specify what ot is.0 -
It may also be worth adding that the daily interest is broken down on a separate line as well, the additional cost just is detailed anywhere.0
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So the claim form total is £1042 but the total under the CCJ is £1072. Sounds like a default judgement was awarded (see section 12 of the civil procedure rules). A default judgement would have been requested from the court and the court charge for the judgement. However the costs is usually £22 for the sum you state, the £30 is for claims above £5K (see section 45)Thanks for all the replies everyone. To answer your question LordSmug, the claim form includes all the particulars and breaks down the cost including amount claimed, court fees and solicitors fees.
The actual judgement then is 30 pounds higher, bringing the total to £1072 rather than £1042.
The additional cost has been added to a line called total costs. But doesn't specify what ot is.0 -
Hi nic_c, thanks for the advice and also pointing out where I can find that information. Do you have any idea in regards to my earlier point, about the court order form not being filled in completely? It stated "this order is only valid if this section is completed" theres an initials sign off and no date filled in.
Or am I reading into that too much?
Thanks0
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