Are you still there?
On another note I don't believe there is a contract in place
the Company have already applied a CCJ & I am in the process of disputing it as the debt doesn't in my view belong to the Ltd Company.
The work was not requested but merely discussed & they went ahead without me signing the contract & agreeing to the work which was for my company the sole trader & my wife was not involved.
The CCJ has been filed against the Ltd Company which I believe is wrong, am I right in thinking this?
I have filed an N244 to get the judgement set aside & the hearing is next Tuesday but the other parties solicitors are pressuring me to cancel the hearing & I need to know the law is on my side to proceed as I will have to travel a long way & don't want to incur further costs
If i gave you the case number ***** you find it? we are having some decorating done & struggling to find the forms.
Judgement went through on 31st July & issue date 8th July
Sadly I can't do that. If Judgment was entered in July and we are now in September why have you waited so long?
Once judgement went through they transfered to high court enforcement and 7nder duress had to pay the debt but felt it was unfair so am looking for advice. Whilst I understand you need all the information surely it is either the judgement is right or wrong
Have you paid the Judgment?
The test is not just whether they are entitled to enter Judgment but whether you acted promtly.
We have paid the Bailiffs otherwise they were going to empty our shop & we would have had to cease trading
What do you mean by test
Have you paid the Judgment in full?
As I said we had to
Ok - well there are 2 problems then in relation to this
1) You can't set aside a Judgment that has been paid.
The test applied to the Court is does the Defendant have a realistic prospect of successfully defending the claim
The claim has been paid so there is no defence to the claim
Even if they were the test is:
2) Have you acted promptyl.
I applied for the set aside before I paid but the courts messed up
Case law shows that anything over 30 days from date of Judgment is not prompt
Therefore if you applied to set aside after 30 days any application is likely to fail
But the problem is you have paid the debt.
Therefore there is no point setting aside.
But in answer to your question would there have been a defence - yes
This is because the company can not owe a debt created before it even existed.
So if you had not paid the debt, then you could have applied to the Court to set aside and it would have succeeded, setting aside any argument about being prompt.
But as it stands the Judge wont set it aside because it has been paid.
Even itthough was paid under duress & I have a letter from the court admitting their clerk messed up
You may be able to set it aside under PArt 3 of the Civil procedure rules as a mistake but not under the usual set aside rule
What do you think the chances are?
Its hard to say - its been paid
That is the killer
We had no choice
Of course. I think you may get it set aside on the basis it was wrongly entered but whether you get your money back is a different matter
Can I clarify anything for you about this today please?
Is it not true that if it is set aside the money must be returned?
Not necessarily, you would need an order from the Court
So if set aside we can counter sue?
Yes you can
Can I clarify anything else for you today?