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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13558
Experience:  Senior Associate Solicitor
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A supplier put my company under court but was not the right

Customer Question

A supplier put my company under court but was not the right company and the right amount
JA: Where are you? It matters because laws vary by location.
Customer: I dind't know that untill last days (because of a negative credit score) and I immediately asked for the right company declaration all is payed
JA: What steps have you taken so far?
Customer: London - nothing
i was just writing to the court something like that it has never been supplied with goods as it has never had a shop
Many times I told to the supplier that - as they rightly already know, the customer supplied was not but .....
even more the amount that is not what is requested
I finally managed to get the right document towards the right company that nothing is due therefore I ask you
1 cancel the case for incorrect name and incorrect amount
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I wrote you
Submitted: 9 days ago.
Category: Law
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.

Expert:  JimLawyer replied 9 days ago.

I presume you now have a CCJ (county court judgment) as you mention you checked your credit report. You can apply to set it aside as the wrong named company was sued, so the claim would have been defective.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

Furthermore, only a District Judge can make an order to remove the CCJ, which means you must make an application to the court. Unless the claimant agrees to your proposal to remove it, in which case a simple consent order can be drafted and filed with the court for a lesser fee (£100).

If you do have to make a formal application, the judge will consider CPR rule 13.3 in deciding whether or not to set it aside, here is the link to show you the criteria : https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953577/n244-eng.pdf

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here: http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

Bear in mind the court expects these applications to be made as soon as you are first aware a CCJ was made. Any delay will harm your chances of getting it set aside.

Expert:  JimLawyer replied 9 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 9 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 9 days ago.
I have the CCJ case number ***** I'm saying is fake - because is not the correct company - also in the amount . I have the declaration now from the supplier all is payed so i think is only one option and ghow to calculate and ask for the damages ?
Expert:  JimLawyer replied 9 days ago.

You will need to successfully set aside the CCJ before the court will allow you to defend the claim (and you can make a counter claim at that time). You would claim the sum to reflect your loss and I don't know what that is from reading the question.