Ask a Law Question, Get an Answer ASAP!
At the top of the letter should have a Court reference number. Correct?
HMCTS is the Courts and Tribunal service so this is likely a court fine which has not been paid. Whilst prompt payment is important in these cases, I suggest you contact the National Enforcement Service contact centre on 0300(###) ###-####to first find out what this fine relates to.
The issue with delaying payment is that the fine can be passed on to the bailiff team who can come to your property and take away possessions to satisfy the fine. As such it is usually best to pay the fine in good time to avoid the trouble of dealing with bailiffs and potentially having your possessions taken away. But as a first step contact the number above first thing this morning to see what the fine relates to and make a decision on how best to deal with it.
Does that clarify for now?
It's a pleasure.
I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time.
All the best.
I'd be happy to help. As I have answered your initial query, I would be grateful for a rating first. Don't worry the chat will not close and we can continue as usual.
You would be correct to assume this. You can make an application to Court to have the CCJ set aside. The Court will take into account a number of factors including the promptness of the application since you became aware. This is not a specific requirement but promptness carries a great deal of weight. You will need to complete the following application and submit this to Court with the appropriate fee:
It will be likely that a Hearing will be set for the matter to be heard by a Judge. Both parties will be given the opportunity to attend and make their case. The Court have the power to set aside the Judge if it appears that there is a real prospect of your partner defending the claim or there is some other good reason as to why the judgement should be set aside.
You're welcome. Not having the correct address will unlikely not excuse the fine but may be sufficient to apply for the CCJ to be set aside. You should contact the Court to confirm the date of the CCJ (if one was issued) . I understand the point and it would be at the Court's discretion. It would take a hard nosed Judge to refuse such an application from my experience.
If the fine is nominal, it may be best to try and arrange some kind of payment deal with the debt collectors.
When making the application, it should be to the Court where the CCJ was made.
I would recommend that you speak with the Court first to confirm the CCJ. Then make an application to Court as soon as possible as the Court will take into account a number of factors including the promptness of the application since you became aware. The Court will be able to confirm on the telephone the date of the CCJ.