County Court Judgement

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anti bailiff
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Joined: 09 Oct 2015 12:27

#1 County Court Judgement

Post by anti bailiff » 26 Apr 2017 23:14

I have just received an email from someone who has taken me to court over an alleged unpaid debt and who claims she has obtained a county court judgement against me. The judgement is for less than £1, 000 but the court has seen fit to add £489 in costs, with no breakdown supplied.

The background to this that last year I contacted her to request her services in respect of a medico legal report. She claimed over the telephone that the report would cost £1500-£1600. She sent me a bill for just under £3, 000 for the report, and claims to have sent me an interim account for work done part way through preparation of the report.

I paid her £2, 000 last year and she issued a county court summons against me for the remaining £950. I filed a defence, stating that I considered the amount she was claiming for the report was excessive. The case went to mediation, which was unsuccessful.

The medical matter for which the report was written related to a claim I was making on behalf of my father's nursing home fees. My dad has since passed away but I am still pursuing the claim but his Clinical Commissioning Group it is taking a very long time to deal with it so I have had no chance of recovering fees as yet.

I did not receive notice of the court hearing, which was held on 7 April, until today. Furthermore, on 3 April I went to see my GP with chest pains. His staff called an ambulance and that took me to the local hospital where I spent the day undergoing tests as I was suspected of having a heart attack. Fortunately I was found not to have suffered such an attack, but the clinicians' view was that my chest pains were caused by stress and advised me to avoid stressful situations.

The judgement itself is curious. Firstly, it awards her £489 in costs, which seems excessive on a judgement of less than £1000, so in the Small Claims Court. There is no breakdown provided. Second, it has given me only 14 days to pay the entire amount... a period which has passed.

I would appreciate advice relating to two things. First, I believe that she is attempting to cheat me out of nearly £1000, and the court has added another £490 to that sum. Her legal paperwork has been slick... too slick... and I believe that she is attempting to use legal means to cheat me. I do not want to pay her the original sum she has claimed let alone court costs because of this. Are costs of £500 based on an original claim of less than £1, 000 excessive? I cannot see how she has arrived at this figure.

Second, I would like to have this CCJ set aside. What measures do I need to take to have it set aside, and what can I do to ensure that once set aside it is not reinstated against me?

All help and advice gratefully received.

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Schedule 12
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#2 Re: County Court Judgement

Post by Schedule 12 » 27 Apr 2017 10:54

You apply for a set aside using a court form N244.

You have to make a witness statement giving
  • 1. The DATE you learned of the judgment (it must be AFTER the judgment date).
    2. Say you are acting with all due reasonable promptness when you learned of the judgment
    3. You have grounds to defend the judgment. (You must give a summary of your defence and supporting evidence saying
why you don't owe the money).
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anti bailiff
Posts: 43
Joined: 09 Oct 2015 12:27

#3 Re: County Court Judgement

Post by anti bailiff » 13 Jun 2017 10:11

Many thanks Jason.

I have been unwell over the last few weeks and have started to catch up with this. The person who obtained the judgement has set a firm of bailiffs onto me and today I received a visit from one, who a) threatened to clamp my car and b) to obtain permission from the High Court to force entry to my house. I told him that he could clamp my car if he wanted but that as it displays a blue badge I would be reclaiming all my costs incurred from his bailiff bond as a result of him depriving me of my vehicle , which shut him up.

The bailiff has added £1. 000 in fees onto the alleged debt which have no breakdown provided.

Is there a means by which the bailiff or the claimant can transfer this alleged debt to a higher court, or obtain permission from a court to force entry to my home?

Thanks again in advance.

Viking
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Joined: 07 Jun 2017 13:57

#4 Re: County Court Judgement

Post by Viking » 13 Jun 2017 10:30

Hello!

Just a quick one on Costs.

What many do not realise is that all Claims are effectively Multi Track until Allocated to Track. The Claim is not Small Claims Track until it is Allocated to that Track.

Thus, if one side Files all of the correct papers, and the other side doesn't comply and a Hearing for Default Judgment or Strike Out goes ahead before Allocation, then the Claimant or Defendant (as Applicable) can ask for all of their Costs, irrespective of whether the sum Claimed would otherwise have been suitable for Small Claims.

That might explain what has happened?

The N244 Set-Aside can reverse all of that, just letting you know why such a large Costs amount, relative to the sum Claimed, may have been allowed.

Viking

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Michelle
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#5 Re: County Court Judgement

Post by Michelle » 13 Jun 2017 14:58

anti bailiff wrote:
13 Jun 2017 10:11
Many thanks Jason.

I have been unwell over the last few weeks and have started to catch up with this. The person who obtained the judgement has set a firm of bailiffs onto me and today I received a visit from one, who a) threatened to clamp my car and b) to obtain permission from the High Court to force entry to my house. I told him that he could clamp my car if he wanted but that as it displays a blue badge I would be reclaiming all my costs incurred from his bailiff bond as a result of him depriving me of my vehicle , which shut him up.

The bailiff has added £1. 000 in fees onto the alleged debt which have no breakdown provided.

Is there a means by which the bailiff or the claimant can transfer this alleged debt to a higher court, or obtain permission from a court to force entry to my home?

Thanks again in advance.
Debts subject to a judgment (CCJ) over £600 can be transferred to the High Court for enforcement, unless they were regulated by the Consumer Credit Act (i.e. credit cards, etc.). That does not mean forced entry is allowed, forced entry into homes is only allowed for magistrates court fines, not for CCJs.

What happened with your set aside application?
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anti bailiff
Posts: 43
Joined: 09 Oct 2015 12:27

#6 Re: County Court Judgement

Post by anti bailiff » 28 Jun 2017 15:27

Hi

The set aside application is being done by my solicitor as I have been unwell.

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