Unknown CCJ

[Joseph H]

I have just come home to find a letter saying I have an outstanding CCJ in my personal name.

It appears to be from a company I subcontracted from 4 years ago and I was working through my limited company which is still trading now, I have no idea what it is for just the sum of £300. It being a Friday and everywhere closed I was after a bit of advice on what to do and why its in my personal name rather than the company name.

 

[Blaby Loyal]

Apply to have the judgment set aside asap on the grounds you had no notice of the Claim Form, Particulars of Claim, Notice of Hearing, suspect that Claimant is incorrect etc.

It is in your name because the Claimant is of the opinion that it was with you they were dealing/had contracted with and not your limited company.

The fee to make the application to set aside is £255 and may not end up being recoverable from the other side.

As the debt is 'only' £300 that raises the question of is it a worthwhile journey to embark on? Would you be better settling it within one month and apply to have the CCJ removed from the record?

 

[Joseph H]

Apply to have the judgment set aside asap on the grounds you had no notice of the Claim Form, Particulars of Claim, Notice of Hearing, suspect that Claimant is incorrect etc.

It is in your name because the Claimant is of the opinion that it was with you they were dealing/had contracted with and not your limited company.

Thank you for your help much appreciated, I still don't understand how they believe they had contracted with me rather than the company as at the time of working for them the company had two directors and all correspondants from them had the company name on.

 

[Blaby Loyal]

Thank you for your help much appreciated, I still don't understand how they believe they had contracted with me rather than the company as at the time of working for them the company had two directors and all correspondants from them had the company name on.

No idea, that's a question only they can answer I'm afraid.

 

[Newchodge]

Who is the letter from?

 

[Mark T Jones]

My little brain is a bit confused here.

Who is this letter from?

Have you done a credit search to verify that there is a CCj?

Has there been any prior correspondence?

 

[Joseph H]

The letter is a Notice of Warrant of Control from Derby County Court, Iv checked my credit file and there is a CCJ against me.

The last correspondence I got from the "claimant" was a statement of what they had paid me year for 2015 - 2016 tax year. which was sent to me April 2016 in the name of my limited company. I havent recieved anything since nor any other letter from the court.

 

[Big G]

I agree with Blaby Loyal that the best thing is to apply to set aside the CCJ however, as this cost £255.00 is close to the amount being claimed then I would suggest that you first make contact with the Claimant (the person or company that issued the claim) and tell them that you are going to make the application on the grounds that the claim is issued against the incorrect party and that you were not served with the same.
Tell them that you will allow them 7 days from the date of your letter to consent to the CCJ being set aside and if they do not agree to this then you will proceed with the application and claim the reimbursement of the application fee of £255.00 if you are successful.