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: 3493
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Madam I am the owner of a small private LTD

Customer Question

Dear Sir / Madam I am the owner of a small private LTD company. Last month i received paperwork from the small claims court stating that they were going to send the bailiffs over an unpaid CCJ. This was a shock as i was never aware of the claim and this
was the first i had ever heard of it. After taking advice i paid £150 to set aside the CCJ. I have my hearing this Friday. After requesting the original claim details it became apparent that the reason that we did not receive any paperwork relating to the
claim was because it was sent to another company (one of our competitors) in error. The claimant must have got the 2 companies confused so sent all the paperwork to the incorrect address. On this basis i would believe the CCJ should be set aside. I am wondering
if i have grounds to counter sue the claimant because this CCJ had caused me significant financial loss. First of all the £150 i paid for the court hearing to set aside the CCJ. Would the claimant be liable to reimburse this back to me? Secondly (and most
importantly) having the CCJ on file has caused us many issues with our suppliers. Due to the CCJ the merchant account we were using at the time decided to pull out of the agreement as they deemed us to be "high risk". The merchant account pulled out but we
were in a contract for 5 years for the PDQ machines we were using for that account. This means that we are paying £125 per month for PDQ machines which we can no longer use. Over 5 years this equates to over £7,000. This is all down to the fact that we were
given a CCJ without warning as the claimant sent the claim details to the incorrect address. We feel we have suffered financially as a direct result. It has also made any borrowing very difficult as we had a CCJ. Can we now counterclaim against the claimant?
If so, do you think we have a decent chance to claim compensation? thanks MJ
Submitted: 12 months ago.
Category: Law
Expert:  Alex J. replied 12 months ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you owe the claimant this money?
Kind regards
AJ
Customer: replied 12 months ago.
Hi AJ,There is a dispute over an item customer purchased.Claimant is claiming £1,200 for the product which he is claiming is faulty.Like i said, due to the fact the paperwork was sent to the incorrect address this is the first i have heard of the potential fault.For this reason i am not sure if the claim is even valid and also we would have the right to offer a repair or exchange as a remedy according to the SOGA (1979).Thanks
Expert:  Alex J. replied 12 months ago.
Hi,
Thank you.
If you have the Judgment over turned your credit score will return to normal, would that in any way remedy the damage?
Kind regards
AJ
Customer: replied 12 months ago.
Hi AJ,the only problem is our old merchant account will not reverse their decision to take us back so we have still suffered financial loss.Also i have had to pay £150 to set aside the CCJ. Would the claimant be liable for this?Is there anything i can claim back from the claimant for all this inconvenience / cost?Even if its just to scare them into dropping their original claim for the £1100?thanks
Expert:  Alex J. replied 12 months ago.
Hi,
Thank you.
You will be able to recover the costs of your claim (including set aside costs) if you successfully defend the claim.
Did they breach any terms of your terms and conditions by issuing the claim? Should they have notified you under your terms and conditions?
Kind regards
AJ
Customer: replied 12 months ago.
Hi AJ,our T&Cs state customer must email support@....com or write to our head office address.Customer did not do this.thanksMichael
Expert:  Alex J. replied 12 months ago.
Hi,
Thank you.
Potentially you could sue them for breach of contract as they did not follow a term of your terms and conditions. As a result you have suffered losses.
This claim would have to be entirely separate from the existing claim.
Have they admitted their error?
Kind regards
AJ
Customer: replied 11 months ago.
Hi AJ,At the moment they have not admitted any error.Could i threaten them that if they continue with this claim against me then i will counter sue for breach of contract?thanksMichael
Expert:  Alex J. replied 11 months ago.
Hi,
Thank you.
You can do, but I would personally keep the matters separate, if you want damages them send him a letter before action explaining how he breach your terms and conditions.
Have you submitted a defence?
Kind regards
AJ
Customer: replied 11 months ago.
Hi AJ,ok thanks for the advice.I have not submitted a defence as yet as the claim paperwork was sent to the wrong address so i have only just become aware of the claim this past week.If i successfully set aside the CCJ then i suppose i will have to submit my defence at that point?Michael
Expert:  Alex J. replied 11 months ago.
Hi,
Thank you.
If you have the CCJ set aside (which you should as the threshold to do so is low), you will then need to submit a defence to the claim.
Kind regards
AJ
Customer: replied 11 months ago.
ok i will do. But can i claim the £150 fee (to set aside the CCJ) back from the claimant?thanks
Expert:  Alex J. replied 11 months ago.
Hi, Thank you. Yes when you apply to have it set aside, make clear to the court that the claimant sent the proceedings to the wrong address and ask for your costs to be paid.
Customer: replied 11 months ago.
ok will do.thanks
Expert:  Alex J. replied 11 months ago.
No problem.
Please do not hesitate to contact me if I can assist you any further.
Kind regards
AJ

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
< Last | 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