Backdoor Business Rent CCJ found - Never knew I had a CCJ

[Pancho7]

Hello good folks, Im looking for some advice. 

 

When going for car finance recently I was shocked to find out I had incurred a CCJ for my business issued at the start of the year.

 

I've been working away most of the year so I went back to my office and found a pile of post waiting for me. I was expecting to see a court claim form but there wasn't one in the post (and none has come to my home address neither). There was however a Judgement for Claimant (in default) letter though dated end of Jan.

 

The debt relates to my office rent (£21k) and I understood the landlord (i.e. Mcr Council) were willing to work with me to give some time to make the payment. There was no mention of court proceedings, no letter before action and, as mentioned, no County Court Money Claims documentation received other than I duly paid (in full) 6 weeks after the date of the judgement.

 

The CCJ is now stopping me from growing my business and I was looking for advice with regards whether I could get the CCJ annulled?

 

Many thanks in advance for any advice you may have. It is very much appreciated.

[FTMDave]

You might, just, be able to apply to get judgement set aside.

 

When, more or less, did you find out when going for car finance?

 

Again, when did you find the judgement for claimant?

Edited December 7, 2022 by FTMDave
Incorrect informatioin edited

[Pancho7]

Wow that was quick. 

 

I applied last week for the car finance and found out then. That caused me to go the office and then find the Judgement letter at the start of this week.

[FTMDave]

To get judgement set aside, you will have to convince a judge of two things.

 

1.  You have a genuine reason for not defending when the original claim form arrived.

 

2.  You have a realistic chance of defending the claim.

 

It seems to me that (1) will be easy, but (2) a hell of a lot less so, if you agree you owed the money.

 

A possible solution would be to approach Mcr Council and see if they will consent to set aside.  Certainly no harm trying.

 

 

[Pancho7]

No harm indeed, I was thinking that also.

 

Just so that there isn't a misunderstanding though, there was no original claim form.

 

I owed the money, Im not challenging that but the process was missing that led to the CCJ.

[FTMDave]

There must have been an original claim form, otherwise there would have been no case and they wouldn't have got judgement.

 

Presumably it got lost in the Christmas post.

 

 

[Pancho7]

Im sure there will have been but it hasn't been received at either my home address nor the office address.

 

If I haven't received notice of this claim, should this not be why it should be set aside? 

 

Do they need to prove it has been received?

[dx100uk]

what court is the notice of judgement form?

if its northants bulk

go ring them and ask for a copy of the claimform to be sent to you by email pdf.

 

if they cant do that get them to read out the address the claimform was sent to 

and the particulars of claim record your call.

 

you will need the claim number that should be on you credit file or the judgement notice

 

comeback when you have those details.

 

dx

 

[Andyorch]

Quote

 I duly paid (in full) 6 weeks after the date of the judgement.

 

So you have paid the Judgment ?

[dx100uk]

Oops missed that!

 

Dx

[Pancho7]

50 minutes ago, Andyorch said:

 

So you have paid the Judgment ?

I did pay in full because my landlords representative got in touch.

 

I didn’t pay because of the judgement, I was blissfully unaware the judgement existed.

[Pancho7]

2 hours ago, dx100uk said:

what court is the notice of judgement form?

if its northants bulk

go ring them and ask for a copy of the claimform to be sent to you by email pdf.

 

if they cant do that get them to read out the address the claimform was sent to 

and the particulars of claim record your call.

 

you will need the claim number that should be on you credit file or the judgement notice

 

comeback when you have those details.

 

dx

 

The judgement letter is addressed the County Court MoneyClaim Centre in Salford (Manchester).

 

It has the claim number printed on it but Ive also noticed the address is very slightly wrong. We are one of several offices in the building and the address has the office number wrong because its number is out by one. This is probably the reason why it was never received in the first place.

[dx100uk]

you've paid the judgement. the ccj is satisfied, AFAIK there is no way to removed a satisfied CCJ.

assuming it does show as satisfied? 

 

a CCJ on your file is there for 6yrs, paid or not, paying or not

 

dx

 

[Pancho7]

Well that's more than annoying as I didn't have a clue this was happening in the background.

 

Is the address being wrong not enough to get this considered do you not think?

[Andyorch]

Quote

Is the address being wrong not enough to get this considered do you not think?

 

Yes, as you were totally unaware of the proceedings and made payment without knowledge of the claim then it can't be considered as credit cleansing making an application to set a side.

 

I would approach the judgment claimant in the first instance and ask if they would be prepared to set it aside by consent order otherwise you will make a formal application with costs...see how they respond and come back.

 

Andy.

 

 

 

. 

 

 

[Pancho7]

Cheers Andy I will take that exact approach.

 

 

 

.

Edited December 8, 2022 by dx100uk
unnecessary previous post quote removed