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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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Hello Joshua. I am a sole trader in Northern Ireland. I recently

Customer Question

Hello Joshua. I am a sole trader in Northern Ireland. I recently received a CCJ but only found out about it yesterday. The CCJ was issued on 27 March. 2 Points. I did not receive a copy of the court papers and despite this anyway I paid the Invoice on 2nd April. Since I did not know about the Judgement I did not pay the Interest and costs and am now in a position that I am outside the 28 Days to have the CCJ removed. The CCJ is registered against me at my Office address which is different from my personal address. Will the CCJ affect my personal Credit. I have never had a CCJ in my 40 years
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi

Thank you for your question and welcome.

My name is AJ and I will assist you.

Have you had a default judgment issued against you?

Kind regards

AJ
Customer: replied 2 years ago.

Not sure what you mean by Default Judgement. I have had a County Court Judgement set against me. Possibly the same thing

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Did you turn up to court when the judgment was made or was it just made and you received it in the post unaware of any process?

Kind regards

AJ
Customer: replied 2 years ago.

That's right. I did not receive any documents. So I did not turn up at court. If I knew that a process was underway I would have dealt with it. My business is too important to me to have any judgements. We were still talking with the creditor at the time of the judgement. He did not even tell me that a process was underway.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

From what you have told me this sounds like a default judgment. What you will have to do is apply to court to have the Judgment set aside as it sounds like a default Judgment. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 This is the CPR section that explains how to deal with the set aside - you will need to apply to court using form N244.

Do you dispute that the money is actually owed?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

The money was owed and it was paid 2 days after the Judgement was made without knowing the process had started. Had the judgement been made in my knowledge and I had paid the money within 30 days I could have applied simply to the Registry Trust to have it removed from any files. My question was originally does the CCJ in my name at a business address affect my credit file in my name at my home address.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

It really depends on the credit agency that is searched. Many credit agencies keep separate personal and business credit files. Therefore someone searching under your sole trade name may not get your personal credit file, but the next logical step would be to search your personal as well.

Ultimately as a sole trader you are trading in your own personal name so any debts that you incur for your business could end up on your personal file.

If the debt was paid two days after Judgment then you must go to the County Court register and file it as satisfied.

Kind regards

AJ


Customer: replied 2 years ago.

In the Part 13 Rule. Does that apply to Northern Ireland

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

As you have confirmed you have paid the Judgment you won't be able to set it aside now.

You need to apply to the County Court Register and have it marked as satisfied.

The fact that you paid it within 2 days of the date of the Judgment you may still be able to have it removed entirely from record.

Unfortunately you won't be able to have any defaults that have been recorded against your recorded removed.

Kind regards

AJ
Customer: replied 2 years ago.

This is really confusing. We did not pay the Judgement because we did not know there was one. We paid the principle sum 2 days after the Judgement date. We only found out about a Judgement on 4 May.


Surly this is reason enough to seek to have the action set aside.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

What was the actual date of the Judgment?

I just have to go off line, but will return this evening so please do not be concerned if you do not hear from me right away.

Kind regards

AJ
Customer: replied 2 years ago.


The date of Judgement was 27 March.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Coincidentally you paid the Judgment on 29 March? But did not become aware of the Judgment until the 4 May?

Is that correct?

Kind regards

AJ
Customer: replied 2 years ago.


Yes

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

If you paid the Judgment two days after the date of it, just as a coincidence then you should still be entitled to have it removed from the County Court register.

Have you got an acknowledgement from the creditor that he received payment on the date you sent it?

Kind regards

AJ
Customer: replied 2 years ago.

I would understand that process but because I did not know there was any Judgement but a Judgement was taken I did not pay the fees or interest claimed until last week. That payment is outside the 30 days allowed to have the Judgement removed. Only the principle sum was paid again because I was not aware of any court proceedings.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I am afraid there is nothing more you can do about it. You need to send a note to the County Court register confirming that the Judgment is satisfied.

It maybe worth seeing if the creditor will agree to say that the debt was settled within 28 Days and see if the CC register agree to remove it on that basis. Obviously this will require some co operation with the creditor.

Kind regards

AJ

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