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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71032
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I made an application to the court but was unsuccessful so

This answer was rated:

I made an application to the court but was unsuccessful so I'm being charged for the fees of the defendant's solicitor.  I said at the time I was on benefits and suggested I pay £10 per month, but the judge said he would only consider £50 per month - that anything less would be unreasonable. 

I don't know what to do. The defendant owes me aprox 8K, but it doesn't look like I can win now, and I can't afford this debt without being able to off-set it.

I'm in debt already (incurred directly due to the monies owed to me by the defendant), and can't afford any more payments. 

Am I legally bound to pay as it was ordered by a judge?  (Like, is it 'more powerful' than any other debt?)

Is there any procedures which can aid me extend the payment plan or reduce the amount? 

I didn't know I could be charged like this - I couldn't access any legal aid due to the nature of my claim and I have a disability which effects my cognitive skills and judgement. 

Please help.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I'm not sure what you wanted to know about this? I imagine you are asking whether there is anything you can do about this?

You can always appeal a CCJ. I'm afraid it would be irresponsible of me to tell you that is a good idea. If your original claim was for £8k then that is a small claims court sum and it is unusual to be subject to defence costs at the small claims court but it is possible. Its basically awarded where a claim is without merit and amounts to an unreasonable one.

If you do appeal then you have to show error in fact or in law rather than just that you dislike the decision. Also, there will be further costs risked in the appeal.

A CCJ is a type of debt that can be enforced by bailiffs very easily so it is priority debt

You can always ask the court to vary the installment payments but, in truth, a Court is going to be looking for substantially more than £10 a month.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 3 years ago.



► A Ltd. company refuses to acknowledge wages due to an ex-employee.

► The ex-employee commences proceedings to go to court and a trial date is set.

► The Ltd. company continues to trade despite being insolvent.

► The directors of the Ltd. company set up as a Sole Trader and transfer all business to the new company (offering the same services, for the same prices, from the same address, with the same members of staff).

► The directors allow the Ltd. company to be dissolved due to non-compliance with Companies House (relating to filing) while continuing to trade as the new Sole Trader – thus avoiding liquidation or administration.

► The ex-employee, as Claimant, is unable to pursue the case in court as the official Defendant (the Ltd. company) officially no longer exists.


As that ex-employee I submitted an N244 requesting:


“To make an application to the Court to request that individuals be included as Defendants. Namely, [Name 1] and [Name 2] – the former Directors [Company 1] (the 1st Defendant) and/or make an order pertaining to s.216-217 of the Insolvency Act 1986.


To make an order pertaining to s.900 of the Companies Act 2006 for the amalgamation of the dissolved company [Company 1], and the currently trading business [Company 2] and the subsequent transference of liabilities from the transferor company to the transferee company; thus making provision for the continuation of legal proceedings against the transferor company (or to enforce TUPE regulations should they have been applied in this case). - At the discretion of the Court.”


The order wasn’t granted due to lack a non-circumstantial evidence and various technicalities, e.g. that s.216-217 of the Insolvency Act could not be applied because the company in question was dissolved due to non-compliance – they became inactive and waited to be struck off the register rather than going into liquidation.


Now, because the order wasn’t granted, I have to pay the fees for the Defendant’s lawyer – something I didn’t even know could happen in this instance.


Does this mean I will now have a CCJ on my credit history? If I appeal and won, would I still have to pay the lawyers fees for this time?


I seems criminal they are able to get away with evading my debts via a technicality while I am lumbered with paying for their lawyer.


I don’t think there has been an error in law… although I do not understand why s.900 of the Companies Act 2006 could not be applied?

Was there an order against you for money compensation? Apart from the costs?
Customer: replied 3 years ago.
Just costs for the Defendant's solicitors. The judge said normally it would be payable in 14 days but he'd have the power to order a payment plan. I appreciate this greatly, but I still feel I've been forced into an unjust and costly corner.
In that case, there isn't a CCJ against you. It just means that you have lost the claim against them.

Customer: replied 3 years ago.
So there is nothing I can do about the money (even if I have to get into more credit card debt to pay it off) but at least it won't be on record anywhere?

What happens if I appealed and won - would I still have to pay?
On the facts above, it should not be on your credit rating but even if it is then if you pay it off within 28 days it will not show.

If you appealed and won then you would not have to pay it but obviously there is further costs risked in appeal.
Jo C. and other Law Specialists are ready to help you