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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had an Engineer go to a Debt Recovery Company claiming payment

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I had an Engineer go to a Debt Recovery Company claiming payment for two invoices. I agreed to pay the first but not the second as he hadn't completed the job. I paid the first but because the DCR waited to bank it a month later, funds weren't available. They went to Court and on receiving the paperwork, I sent, by recorded delivery, and emailed the Acknowledgement of Service to the Court. Expecting to have to put in defence by the 19th January 2015, I was surprised when the DCR emailed me to say a CCJ had been issued. When I phoned the Court, it turns out that both copies of my Acknowledgement had been mislaid.
I am now being hounded by the DCR with threats of High Court Writs. As I agreed with the first invoice, am I able to pay that part whilst waiting for the Court to overturn the CCJ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : No.
Alex Watts : you can apply to set judgement aside but you need to do this adapt.
Alex Watts : asap
Alex Watts : You need to complete form n244
Alex Watts :
Alex Watts : There is a court fee of £155 to pay. The matter will be listed for hearing.
Alex Watts : All you have to show is that you have a defence to the claim.
Alex Watts : But if you can show this you can apply to set aside.
Alex Watts : Can I clairfy angling did you about this today please?

Hi we know about N244 but it's the Court that's at fault not me, All they say is that they will look into it and get back to me but it's now been a week since the CCJ was put through. They say it will be overturned if it's their fault. My concern is that the DRC is pushing me to pay the agreed invoice amount, to the extent that he is even emailing me at 8.15pm this evening. He says if I don't pay tonight, he'll issue a High Court Writ

Alex Watts : Yes I understand which is why you need to file the n244
Alex Watts : This will stop the process of getting a high court writ.
Alex Watts : Yes it's going to cost you £155 but then you can ask the court to pay that fee back
Alex Watts : But you need to put a stay on enforcement
Alex Watts : You can't stop them apply for a high court writ if there is a ccj and no application
Alex Watts : Check with the court tomorrow if they have the matter and it can be referred to a judge asapYou.
Alex Watts : If not you need to apply using N244

So why haven't they told us to do this and where does it leave me with having to answer the DRC tonight? They are certainly bullying me for an answer but I'm concerned they are trying to get me to do something that may be detrimental moving forward?

Alex Watts : problem is if there is a ccj then there can be a writ.
Alex Watts : You can't pay the agreed sum because there will be a writ for the full amount.
Alex Watts : court staff are not legally qualified.
Alex Watts : The only way to stop it is if the court staff refer the file to a judge or you apply to set aside.
Alex Watts : That is it, no other way.
Alex Watts : If you want to stop the clock ticking then either speak with court staff tomorrow or file an application
Alex Watts : But you can't pay some of it as there is a ccj for the full amount

The Court promised to get a Manager to contact me this afternoon but they didn't. I have been calling them every day but each time I get someone else and have to go through the whole thing again. I think I can gather from your reply that I need to tell the DRC tonight that I'm not going to pay the undisputed amount and I'll try the Court again tomorrow. I will ask why they haven't suggested filing an application.

Alex Watts : Yes that is correct.
Alex Watts : If you don't get a reply tomorrow file an application to stop any action.
Alex Watts : Otherwise if you don't they can apply for a writ.
Alex Watts : Ask the court staff to refer the file urgently to a judge

I will certainly try to get them to do so.

Alex Watts : Yes. Can I clairfy anything else for you?

I think the main thing I wanted to know was whether it would be wrong to pay the amount the DRC were asking for tonight and you have said it would be wrong to do so. Thank you for your advice.

Alex Watts : Great.
Alex Watts : If this answers your question can I ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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