Hi
I had some window/doors installed in a house by a local firm and I owed them a balance of £1500, Theres been problems with the product that they refused to rectify.
I moved into my new house in March 2016, In June I recieved a solicitors letter about the balance, this was redirected via royal mail. I replied to the solicitor via letter and emailed the window company asking if they would rectify the problems and I'd happily pay.
Yesterday I recieved mail hand delivered by the new owner of my old house (the royal mail redirecting had ran out), he works abroad months at a time, these are dated from july to august.
One is for a ccj and the other is from Marstons and is a "notice of enforcment" with fees, both at my previous address.
Last week I paid the £1500 due to the window company as I though I might be able to claim via the gaurantee.
Spoke to Marstons today and they insisted I paid thier fees.
Anybody offer any advice!
Thanks in advance
help!notice of enforcment and ccj at wrong address
Re: help!notice of enforcment and ccj at wrong address
If you have a good defence then you could apply to stay the writ and set aside the judgment. That'll not only get your money back but the enforcement power stopped.
Re: help!notice of enforcment and ccj at wrong address
Just an update if any ones imterested.
Applied to have the CCJ set aside, My defence was:-
(a) I would have made the decion to pay or defend on the grounds of poor workmanship or missing parts had I recieved it.
The solicitor claimed I said "I would pay" on my N244 form, the judge said "No, he said he would have made the decion to pay or defend, thats very different"
(b) Despite the letter I'd sent and my emails with my new address as the subject and also under my name at the bottom (which the judge took little notice of) I felt, as the clients employees had been in my house whilst the dog was asleep on the settee, dishes in the sink and my daughter doing her homework at the table, they knew I was living in the property.
And the most important one, was the speed in which I applied.
It was set aside on discretionary grounds as long as I paid the costs (interest etc within 7 days)
Also had to pay thier solicitors cost, they asked for £1450 for a 10 min hearing (which ended up to be 45 mins), judge told them I had to pay for time spent at the hearing only, they asked for £450 and he told them £250 was ample.
So apart from being £1100 down, the ccj will be erased (that was my main concern in the first place)
Small claims court next I think?
13.3
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
Applied to have the CCJ set aside, My defence was:-
(a) I would have made the decion to pay or defend on the grounds of poor workmanship or missing parts had I recieved it.
The solicitor claimed I said "I would pay" on my N244 form, the judge said "No, he said he would have made the decion to pay or defend, thats very different"
(b) Despite the letter I'd sent and my emails with my new address as the subject and also under my name at the bottom (which the judge took little notice of) I felt, as the clients employees had been in my house whilst the dog was asleep on the settee, dishes in the sink and my daughter doing her homework at the table, they knew I was living in the property.
And the most important one, was the speed in which I applied.
It was set aside on discretionary grounds as long as I paid the costs (interest etc within 7 days)
Also had to pay thier solicitors cost, they asked for £1450 for a 10 min hearing (which ended up to be 45 mins), judge told them I had to pay for time spent at the hearing only, they asked for £450 and he told them £250 was ample.
So apart from being £1100 down, the ccj will be erased (that was my main concern in the first place)
Small claims court next I think?
13.3
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
Re: help!notice of enforcment and ccj at wrong address
It's not uncommon for solicitors to exaggerate their costs (fees). This morning, one hapless solicitor claimed £51K costs and ended up making zip! Plus all that time spent came to nothing.
If you have a cause of action in the small claims court, then bring the action. What are you claiming? and why are you £1100 down?
If you have a cause of action in the small claims court, then bring the action. What are you claiming? and why are you £1100 down?
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Syd Snitkin
- The Watcher
- Posts: 171
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Re: help!notice of enforcment and ccj at wrong address
He paid the £1500 balance despite the shoddy work. I'm guessing the court fee was £150 plus the £250 he's been ordered to pay in costs.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
Re: help!notice of enforcment and ccj at wrong address
He can bring the action.
Re: help!notice of enforcment and ccj at wrong address
Fee for the set aside £255, £590 to the claiment for his cost to obtain the CCJ and £250 to the solicitor.
Re: help!notice of enforcment and ccj at wrong address
Fee for the set aside £255, £590 to the claiment for his cost to obtain the CCJ, plus interest and £250 to the solicitor.