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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I operated a limited company and had some business lines with

Resolved Question:

I operated a limited company and had some business lines with T Mobile. After the business was dissolved, I took out some additional lines and found myself unable to pay for them. I was not aware at the time that the business had been dissolved, but then I suppose this is immaterial.

T mobile had a small claims writ actioned against me and as I had moved houses (from Scotland to London), alongside the fact that it came via NON signed for post, I did not have time to reply to the Country Court (CCBC). I was not notified of the arrival of the small claims writ.

I have been liaising with the solicitor of T Mobile, saying that I will pay the debt, but really I feel I should have the chance to have the CCJ set aside.

My questions are: is it worth applying to set the judgment aside, based on the circumstances? They say they are going to get the debt enforced, it is approx £4,000.
I am very upset that I now have a CCJ, even if I could get the CCJ set aside then agree to pay, that would be much better.m I'm of course not really sure if I am liable to pay the debt in any case.

Please advise as time is not on my side.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Where did the claim go to london? Do you have any real defence To the claim?
Customer: The claim went to Scotland.
Customer: As I was living there for a couple of years, now I am in London.
Alex Watts : Do you have any real defence to the claim?
Customer: I believe I may be liable, that's how I feel, but then I took out the lines with a view to bring able to pay them.
Customer: Being*
Customer: The main thing for me is to get rid of the CCJ, if possible.
Customer: Perhaps there is a defence I am not thinking of?
Alex Watts : Just because you offered to pay doesn't mean you have a defence.
Alex Watts : Do you owe the money?
Customer: Yes I owe the money.
Alex Watts : You could apply to set aside but only on the basis you had moved.
Alex Watts : You could argue this is an irregular judgment and as you moved you did not get the court papers.
Alex Watts : This is your only defence.
Alex Watts : You can't argue you actually have any other defence only on the basis you had moved and it had not been served.
Alex Watts : Can I clarify anything for you about this today please?
Customer: If it is set aside, am I then able to admit liability then agree a payment plan? This ensuring no CCJ.
Customer: Thus*
Customer: Or is it such that if I admit liability and agree a payment plan, then I will simply have another CCJ entered against me?
Alex Watts : Yes, unless you come to an agreement with the creditor.
Alex Watts : If you pay off a ccj within 28 days it is cancelled and removed from any credit file.
Customer: The CCJ has to be paid in full with the 28 days period?
Alex Watts : yes.
Customer: Ok thank you. I really appreciate it.
Alex Watts : Assuming it is not set aside, or you set it aside then it is entered again because you admit it
Alex Watts : Can I clarify anything else? If not, might I ask you to leave feedback on my service today.
Customer: Yes I will. Thanks!
Alex Watts : Thanks.
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