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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33038
Experience:  Over 25 years experience in law
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There, I run a furniture business (Ltd Company). Our

Resolved Question:

Hi there,
I run a furniture business (Ltd Company).
Our head address is in Warrington, England.
We also opened a store in Aug 2013 in Birmingham, England.
This store was unsuccessful and although we had a 2 year lease on the building the showroom was closed for long periods due to it costing to much to staff and run.
Today I received a "Notice of Issue of Warrant of Control" from the courts (to my correct address in Warrington) stating that we have a CCJ and the bailiffs can cease goods by 5th November if we don't pay the debt.
I feel this in unfair because we were never aware of the claim. We are now left with a CCJ and also a debt for £1,310.
I am mainly worried about the CCJ as we have suppliers who offer us credit and we would be in financial trouble if they withdrew their credit terms based on this CCJ. It has happened in the past and the effects were very serious.
I have been advised i can pay £155 to appeal against the decision and apply for the judge to "set aside" the judgement.
Do you think we have grounds to appeal or are we just wasting our time and money with this. In other words is this a common situation where the judge will usually set aside the judgement or it is a very rare occurrence when the judge will set it aside?
Please advise.
Thanks
Michael
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Where you did not receive notice of the hearing or saw the original court proceedings then you should apply to the court using a form N244 to have the judgment set aside. This will clear the CCJ - the court will seek to understand if you actually have a defence to the claim - but setting aside the cci would allow you to clear the debt (if owing) and remove the cci. I hope that this helps. Please rate positive.
Customer: replied 1 year ago.
Hi there,thanks for your response.In your opinion do you think its worth my time submitting the N244 form?From your experience would a DJ usually agree to set aside a judgement in these circumstances (not receiving the claim). Or on the other hand, is it very rare that a DJ would consider setting a judgement aside for this reason?
Expert:  Thomas Judge replied 1 year ago.
A DJ would normally set aside a judgment if you did not receive the pleadings. They would also investigate whether you have a defence - but the application process may allow you the chance to compromise the matter with the other side and get the ccj removed in any event. I hope that this helps. Please rate positive
Expert:  Thomas Judge replied 1 year ago.
I hope that this helps - please rate positive - thanks
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