How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

A 'small claims court' claim was filed against myself and a

Customer Question

A 'small claims court' claim was filed against myself and a second defendant some months ago yet the legal paperwork was delivered to the wrong address. Consequently a CCJ was filed against the second defendant without their knowledge. Awareness of this CCJ only became apparent when the second defendant was contacted by a marketing company in relation to the CCJ.
Having obtained the original claim papers I have concluded that both myself and the second defendant have a strong defence and also that the case was unfairly decided as important evidence was withheld from the court by the claimant.
What steps must I take in order to first, have the CCJ quashed and secondly enter a defence and a counterclaim?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the CCJ a "default Judgment"?

Customer :

Hi Alex, apologies for my late reply. By CCJ I do in fact mean a judgement in default ("default judgement")

Alex J. :

Hi, Thank you. The first thing you have to do is make an application to set aside the default Judgment using Part 13 of the Civil Procedure Rules.

Alex J. :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Alex J. :

The set aside application is made on the grounds that you have a reasonable prospect of successfully defending the claim.

Alex J. :

Thsi can be done using an application notice.

Alex J. :

You will then have to submit your defence and counterclaim once the default Judgment is set aside.

Customer :

Given that the default judgement is against the co-defendant and not against me, would the co-defendant need to make the application? And if the judgement is set aside, would the defence only be for the co-defendant, or would I be required to defend as well?

Alex J. :

Hi, Thank you. The co defendant would need to make this application.

Alex J. :

If you do not think there is any reasonable grounds for bringing a claim against you personally you can apply to have the claim against you struck out under Civil Procedure Rule 3.4(2).

Customer :

Ah right. That's cleared everything up, thank you!

Customer :

Hope you enjoy the rest of your day :D

Alex J. :

Have you submitted your defence?

Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions