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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Lawry Your Own Question
Lawry, Solicitor
Category: Law
Satisfied Customers: 581
Experience:  Expert
Type Your Law Question Here...
Lawry is online now

Second opinion] Tactical Advice Required A CCJ has been

This answer was rated:

second opinion] Tactical Advice Required
A CCJ has been registered against my name at my previous address regarding a parking ticket in 2019. I became aware of the CCJ when my previous landlord forwarded this document onto me at my new address. The debt is for £300 (which includes court and solicitors fees). I don’t accept the debt as I sold the vehicle in question before the alledged offence was committed. I have made an application to set aside the judgment on the grounds I didn’t not receive the court documents in time to file a defence and that I have a complete defence to the allegation.I am aware that there are delays in the civil courts and I cannot take it for granted that a judge will automatically set aside the judgment. My concern is if the matter is heard after 28 days of the judgment and the decision is against me, although I can pay the debt, the CCJ will remain on my file. Whereas, if I pay within the first 28 days, I can apply to the Court for the CCJ not to be registered on a public register (hence protects me with my credit score).Is it possible, to send the Claimant a letter stating I don’t owe the debt for the above reasons (enclosing the evidence) and say here is the £300 to satisfy the judgment as I don’t want to damage my credit score and it has been paid on that basis only (e.g duress), and then demand for a refund of the monies paid. If they don’t pay then I will simply file my own county court claim?Lastly, the Claimant has added solicitors costs of £50 although it was not signed off by a solicitor but rather a debt collectors legal department, can they claim this sum of money?

My name is ***** ***** I will try and help you today.

You have done very well.

You should certainly write to the as suggested and pay the £300 which can be reclaimed.

If the judgment is set aside the CCJ will be cancelled and your credit score will remain intact.

You can them reclaim the amount paid.

If not you have lost nothing and remain with a clean credit score.

They can claim the extra £50 as enforcement fees but if there is no solicitor acting you can always argue that you should not have to pay it.

If you have a real likelihood of defending the claim i.e. an arguable defence, which yo say you do, it may be an idea to draft it and attach it to your application to set aside judgment so that the judge can see yo have a good defence to the action.

You should contact the claimant or their solicitors to inform them that you intend to defend the claim and to seek their consent to set aside the judgment. Providing them with a copy of your proposed defence may encourage the claimant to agree to the application.

It is important to note that only the court can set aside the judgment and so you will need to make an application to the court regardless of whether consent is obtained, but seeking the claimant’s consent may mean that the claimant chooses not to oppose the application and/or decides not to attend the hearing which will reduce the costs incurred by the claimant.

If consent is refused by the claimant, but your application is successful, your attempt to seek consent may place you in a better position when the court is deciding costs.

The court rules for setting aside or varying a judgment are set out in Civil Procedure Rule 13.

I hope this helps but please ask any further questions you have.

Customer: replied 12 days ago.
Thanks. I done that with the application.Do you have any suggestion how to head the letter to the claimant - e.g.I plan to write two letters:First Letter
Enclosed £300.
However, don’t accept liability for x, y, z reasons. Only paying before hearing to set aside judgment so as not to damage my credit rating as I only have 28 days from judgment to do so.
Should my application succeed, I will claim the following:£300 CCJ Paid
£275 N244 Application to Set AsideSecond Letter
Letter before action
(Sent if the CCJ is set aside)I have a bill of sale for the vehicle concerned and bank statement which has recorded the transaction. This will be my evidence that I am not liable.Any thoughts.Thanks
You should enclose the £300 stating that it is paid "without prejudice" to your contention that no sums are payable as you have a valid defence tot he claim.   

The second letter should ask them to consent to your application and enclose a copy of the N244 with your evidence and draft defence.

Lawry and other Law Specialists are ready to help you
Customer: replied 9 days ago.
My pleasure.

Best of luck!

Customer: replied 9 days ago.
I have added you to my list of favourite expert.
Thank you so much.