Incorrect CCJ

Discussion in 'Legal' started by Anna McDermott, May 17, 2016.

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  1. Anna McDermott

    Anna McDermott UKBF Newcomer Free Member

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    We were alerted to a CCJ being given against our company, however, when I called the court it turns out the company name is ours but the address is not. I have looked on Companies House and there is another company with a similar name at the address the court has, there has obviously been as mistake by the court and the CCJ entered against us - how do I get this changed, there is no connection between my company and the other one.
     
    Posted: May 17, 2016 By: Anna McDermott Member since: May 17, 2016
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  2. Lawyer James

    Lawyer James UKBF Contributor Free Member

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    Suspect that it is the mistake of the Claimant rather than the Court as the Claimant would have inserted the company name and an address for service in its/his/her claim form.

    Presumably the claim actually has nothing to do with you and you are unaware of the Claimant?
     
    Posted: May 17, 2016 By: Lawyer James Member since: Mar 23, 2016
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  3. Anna McDermott

    Anna McDermott UKBF Newcomer Free Member

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    No we have not heard of the claimant at all, nothing to do with us.
     
    Posted: May 17, 2016 By: Anna McDermott Member since: May 17, 2016
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  4. Anna McDermott

    Anna McDermott UKBF Newcomer Free Member

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    No this has nothing to do with us and we do not know the claimant.
     
    Posted: May 17, 2016 By: Anna McDermott Member since: May 17, 2016
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  5. Lawyer James

    Lawyer James UKBF Contributor Free Member

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    You should therefore write to the Claimant informing it of the position and requesting that it make an application to set aside or vary the judgment immediately.
     
    Posted: May 17, 2016 By: Lawyer James Member since: Mar 23, 2016
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  6. Anna McDermott

    Anna McDermott UKBF Newcomer Free Member

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    I have tried to get details of the claimant but because we can't be verified when I call the court as the address I gave them is different than the one on file, they wont provide me with any details of the claimant. They have said I can ask for it to be set aside if I pay a court fee of £250 but as this is nothing to do with us in the first place this seems crazy. Any other ideas?
     
    Posted: May 17, 2016 By: Anna McDermott Member since: May 17, 2016
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  7. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

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    Ignore the court staff. Write a letter and mark it for the urgent attention of the District Judge. Make sure you explain all of this, and in particular that the proceedings are against the wrong company, you had no power to intervene as the claimant used the wrong address (and therefore neither the proceedings nor the judgement were served on you), and without the claimant's address, you cannot remedy this.

    When you get the information, write to the claimant telling them they have 14 days to apply, or you will, and you will be claiming your legal costs from them.

    If you need help let me know.

    Dean
     
    Posted: May 20, 2016 By: smallclaimsassistance Member since: Jan 7, 2015
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  8. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    Great advice from Dean that you wont find in the public domain . Advice that is really worth taking note of
    This also enforces that fact that DIY litigation is a bad thing . If a solicitor prepared this then the claimant would not have a judgment against the wrong company where he most defiantly wont get paid and will end up paying more in the long run . In addition to this the OP has all this hassle and I hope gets compensation in some way or another
     
    Last edited: May 21, 2016
    Posted: May 21, 2016 By: JEREMY HAWKE Member since: Mar 4, 2008
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  9. beasty

    beasty , Full Member - Verified Business

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    Any which way you look at this, it will cost the Innocent OP money (Their time)

    There should be fixed penalties for errors that inflict loss on others
     
    Posted: May 22, 2016 By: beasty Member since: Feb 4, 2013
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  10. roydmoorian

    roydmoorian UKBF Ace Full Member - Verified Business

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    How about making a counterclaim of double + costs if no-one seems prepared to listen.

    Go to court and face the OP in front of the judge and get satisfaction that way, unless of course the OP has nothing.

    District judges do tend to get it right but if the OP is hiding behind Ltd. status you could be making things more difficult.
     
    Posted: May 22, 2016 By: roydmoorian Member since: Nov 6, 2009
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  11. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

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    No need. If the OP has to apply to set aside the judgement, they are likely to be awarded the costs of the application, and there is further protection in that Civil Procedure Rule 27.14(2)g will enable the OP to reclaim their costs in the event of unreasonable conduct, which the claimant not voluntarily setting aside a flawed judgement will certainly be.

    Dean

    PS: I've assumed this is a claim which is likely to be allocated to the Small Claims Track, which of course it may not be. The above rule covers that eventuality, but if it's over 10k in value, the rule for claiming costs against the claimant on the basis of their unreasonable conduct, is CPR 44.4(3).
     
    Last edited: May 22, 2016
    Posted: May 22, 2016 By: smallclaimsassistance Member since: Jan 7, 2015
    #11
  12. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    There should be big penalties for those that attempt to do things that solicitors used to do . If you do a DIY job and get it wrong you should pay . Nobody has any business pretending to be a lawyer and present evidence to a court based on what they saw on a forum
     
    Posted: May 24, 2016 By: JEREMY HAWKE Member since: Mar 4, 2008
    #12
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