In this article, Commercial Property Specialist Patsy Whitford and the team from Property Loan Market outline everything landlords need to know to start an HMO.
Anna Curtis, a solicitor in our specialist Dispute Resolution Team, outlines what to do if a CCJ is sent to the wrong address.
Default Judgments, what are they?
A Default Judgment (CCJ) is entered by the court when a county court claim is issued and the Defendant does not respond to the claim.
There are a few reasons why a Defendant may not respond to a claim. For example, they may think that it will simply go away if they just ignore it, but it won't. In some instances a Defendant may not even know that a claim has been issued against them; this can occur if they have moved address.
What negative effects can a CCJ have on your life?
A CCJ can have a very damaging effect on your credit score. Typically any organisation looking to offer you credit (for example a bank account, credit card or mortgage) will undertake a credit score for you.
If you have a CCJ this will show on your credit score for 6 years from the date of the Judgment even if the Judgment has been paid (unless it is paid within the first month).
What to do if a CCJ is sent to the wrong address
If a CCJ, and the originating court paperwork preceding it, is sent to the wrong address or an address that you no longer reside at, it may possible to make an application to the court to set aside the Judgment.
Can I set aside or dispute a CCJ that I didn’t know about?
This may be possible in certain circumstances, and is outlined below.
How to set aside a CCJ that was sent to an incorrect address
You will have to show that you did not receive the court paperwork and that either you have a Defence to the claim or that there is “some other reason” why the Judgment should be set aside.
Anna discusses the process of getting a CCJ set aside further in another article, which you can find here.
What is the set aside fee for a CCJ?
This will depend on whether an agreement can be reached with the other party. If so a fee of £100 would usually be payable. If a full application needs to be made to the court a fee of £255 will be payable.
Solicitors to remove a CCJ – Bournemouth, Christchurch & Ringwood
It is imperative that if you become aware of a court Judgment in your name you seek legal advice as soon as possible. The longer the delay between the date of the Judgment and the application to set it aside the lower the chances of success in setting it aside.
The typical costs in CCJ matters can be between £750 and £1500 plus vat.
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