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Legal matters

Question about CCJs

2 replies

LeapingOverTheWall · 19/08/2014 11:57

If you get a CCJ awarded against you by default (because you didn't reply to the original application), and then you decide that actually you do want to put your defence, is the person you owe the money to obliged to negotiate over the amount of the debt? Or is the CCJ amount then the "official" amount of money owed, regardless of any dispute?

I've done as much research as I can about set aside hearings (there doesn't seem to be a great deal out there though), and it seems there are only a few reasons why a set aside application would work, and none of them are that you now wanted to negotiate/discuss the money owed.

It seems quite a complicated but wooly area (with some scary possibilities about prison for messing the court about) and I can't find any specific guide anywhere about what happens next. I'm not the person who owes the money btw. They are now saying that they don't owe the amount the CCJ is for because I'm a big meanie and asked them to pay for work done and they didn't want to as I should have been happy to do the work for free and support them, and now they don't like the work anyway, and I'm a bully for not accepting a part-payment and taking them to court was a horrible thing to do to poor little vulnerable them.....and so on.

I suppose what I'm asking is, is the CCJ amount now a court ordered debt which has to be paid, so it's irrelevant if they disagree with what makes up the total? And the time for discussion was before the CCJ was awarded, not after?

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EarthWindFire · 19/08/2014 15:10

I believe yes it is the amount that is owed. They would have had a chance to dispute it when first receiving the paperwork.

If they are unwilling to pay you can return to court to enforce the CCJ.

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LeapingOverTheWall · 19/08/2014 15:50

thanks, that's how I view it. They've applied to have the CCJ set aside on the grounds that they want to negotiate an amicable settlement Confused, so I'm hoping I can get things clarified at that hearing.

Trouble with enforcing the CCJ is that I know their financial situation, and they would need to agree to pay in installments (which I think can be court ordered), otherwise it's winding up the business, in which case I get nothing Sad.

I'm (evilly) hoping the "poor little me" routine backfires at the hearing though and the set aside gets thrown out and she gets a major bollicking.

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