Cabot/shoos claimform - yorkshire bank OD - stayed 4yrs - now SJ threat

[robingetz]

So for example, I pay it in full, then manage to prove beyond doubt that the account wasn’t mine, say 2 years later, can I appeal then or is there a time limit. Just trying to think of possible options later

[Andyorch]

You usually have 21 days to appeal against a County Court decision

[robingetz]

Sorry to keep going on about this, but I am trying to get more information from Yorkshire bank about the account number that wasn’t mine and still thinking about appealing depending on what they come back with.

 

if i do appeal, does the ccj then get put on hold until the outcome of the appeal, then the month to pay timer starts again.

 

The most important thing to me is to avoid the ccj being entered as that can’t happen under any circumstances  

[Andyorch]

17 minutes ago, robingetz said:

Sorry to keep going on about this, but I am trying to get more information from Yorkshire bank about the account number that wasn’t mine and still thinking about appealing depending on what they come back with.

 

if i do appeal, does the ccj then get put on hold until the outcome of the appeal, then the month to pay timer starts again. No

 

The most important thing to me is to avoid the ccj being entered as that can’t happen under any circumstances  Best settle it then and then consider an appeal out of time.

 

 

Andy

[robingetz]

Ok thanks,

so I pay it to avoid the ccj, then I gather more info about the rogue account number, so how long do I have to appeal out of time?

[Andyorch]

No time actually stated in the regs...but making an appeal now within the 21 days is far less complicated and takes quite a while to process so gather your information...you can always drop the appeal if you research turns out pointless 

[robingetz]

1 hour ago, Andyorch said:

No time actually stated in the regs...but making an appeal now within the 21 days is far less complicated and takes quite a while to process so gather your information...you can always drop the appeal if you research turns out pointless 

But I still need to pay in full within a month in the meantime to avoid the ccj?

[Andyorch]

Correct......then appeal if you win they refund.

[robingetz]

Perfect, so I pay, avoid the ccj, then appeal later if I can prove the account was not mine, nothing to lose really except the fee to appeal

[Andyorch]

And the respondents costs if you lose 

[robingetz]

Hi Andy 

 

just wondering about what happens now, when do I pay and when will the ccj show, am I right in thinking that the ccj goes on and then you apply to get it removed once payment has been made 

 

thanks

[Andyorch]

You will get notification from the court re judgment and when it must be paid by...Its automatically removed if paid within the given dates.

[robingetz]

I've had the notification letter from the court but no payment details, do I pay the court or the claimant?

Edited July 15, 2019 by robingetz

[Andyorch]

Notification.....Notice of Judgment or General form of  Judgment  ?

 

You pay the Claimants Solicitor

 

 

[robingetz]

General form of judgment 

[Andyorch]

Must be forthwith then if there is no date stated .