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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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, We've got an issue with our limited company, a former

Customer Question

Hi,
We’ve got an issue with our limited company, a former supplier who we are in dispute with has secured a CCJ against our company, but we’ve not been served with any paperwork relating to the issue. The supplier actually owes us well in excess of the balance they are claiming we owe (which again we dispute).
The matter has only come to light as we’ve subsequently received an enforcement notice from baliff’s, but at a residential property we own which is currently let to tenants. The business has never operated or traded from any address other than it’s registered office. Additionally, the address on this paperwork was incorrect and featured the wrong town.
Is there anyway that I can have the CCJ set aside while we try to resolve the matter with our supplier, do we have the right to pursue them for the balance due to us?
Finally, can I stop the enforcement officers attending the property and disturbing our tenants?
Many thanks for your help,
Marc
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask when you discovered the CCJ please?

Joshua :

You mention only recently?

JACUSTOMER-zd8pa2i4- :

Hi Joshua,

Joshua :

Hi there.

JACUSTOMER-zd8pa2i4- :

We received an enforcement notice via our tenants. The address is for a residential property that we own and not the business trading address or registered office. Additionally, the address on the paperwork has the wrong post town for the residential property, so it's pure luck that we've found out at all.

Joshua :

Thanks. The first step is to get a copy of the judgement if you don't already have it now so you know the details of the claim against you and exactly what it was for. You can contact the Northampton Bulk Court Centre to obtain details of where the judgment was made and obtain a copy of it. They can be contacted on 01604 619400. From what yu say you may already have this or at least know enough to know the above details already.

Joshua :

From there you will need to consider making an application to set the default judgement aside using form N244.You will need to give a statement explaining the position briefly and ask the court to set aside the default judgement on the basis that you did not receive papers because they were sent to the wrong address address and that you had a reasonable prospect of a defence briefly setting out what that is. You will need to explain why you are late in making the application to explain the delay - that you have only just discovered the judgement. You will have to pay £155 fee with your application.

JACUSTOMER-zd8pa2i4- :

Thanks Joshua, we've got the details of the judgment, we just don't know what we ought to do from here. Particularly as the enforcement people are pretty threatening and our tenants aren't to happy

Joshua :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

Joshua :

You do not need to prove in your application that you are not liable for the debt or submit a full defence, but merely that you did not receive papers and have a reasonable prospect of defending the claim. Assuming the application is successful and courts are usually very willing to allow default judgements to be set aside the claimant will be back to square one, the entry on your company credit file will be removed and the claimant will have to have a hearing to establish your liability where you will have the opportunity to fully defend your position in court or alternatively if you accept the debt, pay it. At the time your application is made, the warrant will also be suspended meaning that the bailiffs will be called off.

Joshua :

Time is of the essence with such applications. Providing you can demonstrate that you have not delayed the application from the point you discovered the CCJ and you can demonstrate that you claim that you did not receive papers and that is why you did not respond to them, your application to set aside the judgement is likely to be received well by a court.

Joshua :

Can I help you with anything else on the above or has the above answered your questions satisfactorily?

JACUSTOMER-zd8pa2i4- :

Joshua, thats fab! Many thanks for your help

Joshua :

A pleasure. Good luck with your application though based on what you say above I don't think you should need it.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-zd8pa2i4- :

Cheers, ***** ***** best

Joshua :

And to you

Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Joshua, sorry to pester could you advise which form I need, 4 or 5 have come up and I'm not 100% sure

Expert:  Joshua replied 2 years ago.
Sorry yes its the top one (N244). Direct link below:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf