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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17604
Experience:  I have been practising for 30 years.
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Is a general form of judgement or order the same as a ccj?

Customer Question

Hi is a general form of judgement or order the same as a ccj ?
JA: Where is this? It matters because laws vary by location.
Customer: Bristol UK
JA: What steps have been taken so far?
Customer: I lost at the small claims court but I am appealing but the payment to claimant is due in three days and I don’t want my credit to be affected if I don’t pay
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that’s it
Submitted: 20 days ago.
Category: Law
Expert:  Jo C. replied 20 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 20 days ago.
Hi I recently lost a claim at the small claims court but I have appealed. I’ve received a general form of judgement or order saying I owe money to the claimant and have to pay by Nov13th. Is this the same as a ccj and if I don’t pay will it affect by credit history at this stage?
Customer: replied 20 days ago.
Hi
Customer: replied 20 days ago.
Hi I don’t want a phone call just help please
Expert:  F E Smith replied 20 days ago.

I have been asked to look at this for you. Are you saying that you have appeal the judgement or you have applied to set it aside? They are different things.

Customer: replied 20 days ago.
Hi no I have appealed the case but at the moment it is in a backlog. Is it better to ask to have it set aside?
Customer: replied 20 days ago.
Please can you refund my money I don’t want a phone call
Customer: replied 20 days ago.
I’m on benefits and that is my bill money
Expert:  F E Smith replied 20 days ago.

The General Form of Judgement Order is the document from the court which tells you that there is a county court judgement against you.

So the answer is yes, it is a CC J.

If you didn’t attend for any reason the Claimant would get default judgement against you and if you have a reasonable defence and the reason that you didn’t attend then you can apply to set the judgement aside.

That doesn’t get rid of it, it simply postpones it for a future hearing date when you must attend.

If you attended court and lost then it is not an application to set aside.

If you don’t pay the judgement by the 13th then it will be registered against your credit history.

You have 21 days to appeal the judgement and if your appeal succeeds, then the judgement would be removed. That should happen automatically but sometimes it doesn’t.

You can only appeal the judgement on the basis that the judge made an error of law or an error of the facts. Not just because you lost.

So as there is date to pay, you could pay under pressure/duress/mistake to avoid getting the judgement and then appeal.

Not getting the judgement does rely on the creditor advising the court that the money has been paid.

You would need to tell the court and the creditor that you are paying to avoid this affecting your credit history you will be appealing the judgement.

Expert:  F E Smith replied 20 days ago.

In respect of the telephone call, I cannot see a request for a telephone call or a payment. However I don’t deal with money, I only answer questions and if you contact Customer Services they will deal with it for you.

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

We can continue on here.

Customer: replied 20 days ago.
The money is being taken out my account? Would you recommend appealing or setting aside?
Expert:  F E Smith replied 20 days ago.

If you went to court and lost, then appeal is the only route you can follow, setting aside is not appropriate.

Remember it’s not a second bite of the cherry, it’s only if you can satisfy an appeal judge that the initial judge made an error of law or an error of fact. So for example the judge would have had to have interpreted the law incorrectly or ignored some facts or misunderstood them.

Customer: replied 20 days ago.
The claimant wrote in his statement of truth signed and dated that he offered me £1000 as a good Will gesture. I messaged the claimant to say I would accept and paid the balance. The claimant carried on saying I owed him £1000 but that was his goodwill gesture. How legal is that statement of truth?
Expert:  F E Smith replied 19 days ago.

It is contempt of court/perjury/perverting the course of justice to make a statement of truth which is incorrect.

I’m totally confused by your statement. You say the claimant says that offered you GBP1000 as a goodwill gesture.

Why would a claimant for the defendant money?

Do you mean that he said he would accept GBP1000 and are you saying that you paid that thousand pounds but regardless of you having done that he carried on to court?

I would need the full background detail please. Thank you

Customer: replied 19 days ago.
We both had to do a statrment when he applied to the small claims court originally which was last December. A copy of his statement was sent to me and in it he wrote I offered Alison a goodwill gesture of up to £1000 but this is not because I have done anything wrong. Once I read that I text him and said ok the bill was £2200 you are offering a good Will gesture of a £1000 leaving £1200. At that point I had paid £1000 so I then paid £200. I told him it was paid and he said he still wanted the £1000 although he had offered it as a good Will gesture. He signed and dated his statement and it was his statements
Of truth
Expert:  F E Smith replied 19 days ago.

I’m sorry but you are going to need to go back to the beginning because I still don’t understand what’s happened.

I think he was claiming GBP2200 and he offered to settle for GBP1000.

However I don’t know why you paid another GBP200.

I would need the story from beginning to end please. I’m off-line now until tomorrow but will pick this up then. Kind regards

Customer: replied 19 days ago.
All I really need to know if someone puts in their statement that they offered me a £1000 goodwill gesture and signed and dated it does it make it legal?
Expert:  F E Smith replied 18 days ago.

This is to do with offer and acceptance.

I think it would be useful if I explained how contract/agreement is formed. The words contract and agreement are interchangeable.

For there to be a contract there needs to be:

1 an offer and

2 an acceptance and

3 consideration.

An offer can be accepted at any time until it is withdrawn.
An acceptance has to be unqualified and without conditions or extra stipulations otherwise it takes place as a counter offer which is then subject to acceptance by the original offering party.
Acceptance doesn’t have to be verbal, it can be by conduct.
Consideration doesn’t need to be financial, it just needs to be something of value passing from one person to another although the value can be nominal such as a peppercorn. If any agreement is by deed, then there is no need for any consideration although the majority of deeds do specify consideration.

A person cannot accept by silence. So you can’t say I will give you 5 pounds and if I do not hear from you by 5 PM then I will assume we have a deal. Caselaw is Felthouse v Bindley.

A person can accept by their actions if the actions are consistent with acceptance. For example, if you say that I will sell you this electric drill for GBP10 and you take the drill away and treated as your own and use it, it would be possible to argue that you had accepted by your actions.

Goods for sale in a shop are not on offer. They are an invitation to treat (an invitation to make an offer). The person wishing to buy makes an offer to the shop and the shop decides whether to accept or not. For that reason (there is already case law) that if something is marked at a particular price (even if marked by mistake) the seller does not have to accept that offer. There is additional case law which says that if there is an error which is a substantial error, even if they have accepted the money (the case law applies to Internet sale purchases) they do not have to complete at that price. The case law mentioned was for a television which should have been £600 which was advertised at £60 (or suchlike) and thousands of people bought the item in a few minutes. It went to court and the buyers lost.

So if somebody said that they would settle for GBP1000 and you went back and said okay that’s fine.

There is an agreement and they are bound by it and if they decided to take you to court for the balance, that is your defence.

If on the other hand they said that they would settle for GBP1000 and you said that’s okay provided you can pay it on 2 January, that is a counter offer.