How do you get a CCJ? If you have had a judgment made against you for debt and you fail to pay the money specified in the order, for example, you fail to pay the amount due by the date specified or fails to pay an instalment due, the creditor can take action to get her/his money back. This is called enforcement proceedings and the creditor must make an application to the court requesting the start of enforcement proceedings. The creditor must normally apply within six years of the judgment being made but if there are exceptional circumstances, the court may give permission for an application after that time limit.
The majority of judgments coming to Bournes arise through agreements regulated by the Consumer Credit Act. Where a creditor wants to apply for execution against goods on a regulated consumer credit agreements, must be enforced in a County Court. We help creditors in a CCJ check so that they will have no doubt before entering into a financial contract with someone. Not just individuals, a CCJ check can also be performed against a company.
The advantage to creditors enforcing county court judgments in the High Court is that they do not have to send a warning letter first and High Court enforcement officers act more quickly the County Court bailiffs.
Once you are in default on a County Court Judgment, the following enforcement methods can be used:
In addition to the methods of enforcement mentioned above, creditors may also apply for:
Once the creditor has reached this stage, it is very difficult for an application for set aside to succeed, but not impossible. Bournes have successfully challenged County Court Judgments and Statutory Demands (bankruptcy applications). The reason we have been so successful in these cases is because we listen to our clients.
How do you get a CCJ? Bournes has well-qualified consultants to provide you with the perfect answer to this question. Right from CCJ check to challenging the judgment, we offer comprehensive service on this matter.
Mr. M approached Bournes with an Order for Sale after his previous landlord on a shop he leased obtained a Charging Order on his property for £22,000.00. According to Mr. M, he had only been in the property for just over six months and had to leave due to disrepair. On inspection of the documents sent to Bournes, a statement was found showing a debt of only £14,000.00. Based on the evidence presented, our solicitors were able to build a defence against the Order for Sale.
Charging Orders should not be taken lightly. If you have received an Interim Charging Order, call our advisors today to see if we can help you with a defence to prevent the Final Charging Order going through.