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Good Morning. I am a publican and I have an outstanding debt to a waste disposal provider. The debt is not in dispute and I accept their claim. (In the order of £3,200) A claim form was sent to me and, in an effort to avoid Judgement, I contacted the Claimants' solicitors and offered to make a without prejudice payment of £500 with a view to submitting written proposals shortly afterwards for full settlement of the debt and this was verbally agreed. My cheque was cashed immediately. A few days later, however, Judgement was entered anyway. I am aware that, if I pay the claim in full within one calendar month, the CCJ will not be shown on (or can be removed from?) record. Unfortunately, it seems unlikely that I will be able to pay the balance within the time frame necessary. Is there any means by which I can ask the Claimants solicitors to remove the CCJ conditional upon them being in receipt of an acceptable proposal for settlement? Does even the 'technicality' that the CCJ doesn't reflect the £500 payment made have any bearing upon perhaps having it set aside? Regards, XXXXX XXXXX
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you made the £500 conditional upon their withdrawing their claim please?
From what you say you did not defend their claim by notifying or responding to the court?
I note you say you accept the debt is owed. Is there any basis that you could consider defending the claim even if you believe that defence is weak?