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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70281
Experience:  Over 5 years in practice
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. We are a small business and have been taken to court for

Customer Question

Hi.
We are a small business and have been taken to court for an outstanding amount from a supplier. We did not agree the amount in full and wrote back to the courts advising what we admit to. We also called the courts and were told to do nothing until we hear further from them. Today we have been informed by another supplier that we have a CCJ against us for the full amount from the said supplier ????
When we spoke to the courts they said yes theres a CCJ against us. We have said we have had no further correspondance and the courts advised us that is standard practice ????
What can we do ???? if anything
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why didn't you attend court on the date set down?
Customer: replied 2 years ago.

We havent been advised of any court proceedings at all. They filed for the money, we replied that we agree to x amount but not full amount and sent the paperwork back. We actually asked the courts what to fill out, they advised us and said send that back and do nothing further till you hear from us. We have heard nothing.

and how do i rate you ?

Expert:  Jo C. replied 2 years ago.

Provided you can prove to the court that you had not received papers, you can apply to court to have the judgement set aside on that basis. Apply on court form N244 which you can get by following this link

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

The court fee is £155.

That does not dispose of the matter altogether and it would then go for a full hearing. You admit that you owe some of the money and therefore you should have paid the amount that you admit before making the application to set the judgement aside.

It seems strange that the supplier says that you have a CCJ against you for the full amount as the reality is that they will know who the creditor is, it doesn’t say the amount. I think what has probably happened here is that you have a judgement against you for the amount that you have admitted but there should have been the hearing in respect of the amount which is in dispute.

Can I clarify anything for you?