Small claims court

[audi321]

Hi all. Genuinely asking for a work colleague, but they are being taken to a small claims court by an estate agent over a non paid debt for a couple of grand.

If they lose, do they automatically get a CCJ or is that if they don’t pay the £2k?

Cheers.

[MustangGT]

Only get a CCJ in the event they do not pay.

[surveyor_101]

MustangGT said:

Only get a CCJ in the event they do not pay.

If the CCJ is issued against the the debt has to be settled in 30 days normally and if they pay in full the CCJ is set aside and does not impact the credit of the paye.

They only get registered if the debt is not satisfied within the 30 days.

[agtlaw]

surveyor_101 said:

If the CCJ is issued against the the debt has to be settled in 30 days normally and if they pay in full the CCJ is set aside and does not impact the credit of the paye.

They only get registered if the debt is not satisfied within the 30 days.

The judgment is removed from the register if paid within one month or the judgment is set aside by the court.

A judgment is not a CCJ. Common misconception.

Edited by agtlaw on Thursday 9th March 11:30

[audi321]

So in future applications (ie mortgage etc) will they have to disclose this as a CCJ? Even if they paid it on the day?

[agtlaw]

audi321 said:

So in future applications (ie mortgage etc) will they have to disclose this as a CCJ?

Not if paid within one month. It's a judgment. Not a CCJ.

[surveyor_101]

said:

If you pay it in full within 30 days you apply and have the judgment set aside and its doesn't get registered as I understand it.

[surveyor_101]

audi321 said:

So in future applications (ie mortgage etc) will they have to disclose this as a CCJ? Even if they paid it on the day?

No if fully paid in the first 30 days and you follow the process set out in courts docs it doesn't get registered.

[agtlaw]

surveyor_101 said:

If you pay it in full within 30 days you apply and have the judgment set aside and its doesn't get registered as I understand it.

A misunderstanding. An applicant may use Form N433 to obtain a Certificate of Satisfaction. That cancels the entry in the Register.

A set aside would cancel the judgment. That's entirely different.

[audi321]

Thanks guys. So a question ‘have you ever had a ccj’ they would have to answer ‘yes’ to? But then with a story about it being satisfied?

[Willhire89]

If your colleague has got to this stage I would like to think they believe they have a rock solid case and that losing is not an option - if it is all a bit wobbly then trying to settle would be best and the court will expect that those avenues have been exhausted

The judge is working to balance of probabilities rather than beyond reasonable doubt

[agtlaw]

audi321 said:

Thanks guys. So a question ‘have you ever had a ccj’ they would have to answer ‘yes’ to? But then with a story about it being satisfied?

No. I answered this above.

[Jonmx]

I'd suggest your friend pays up before Court, then he avoids a whole load of hassle.

[audi321]

agtlaw said:

audi321 said:

Thanks guys. So a question ‘have you ever had a ccj’ they would have to answer ‘yes’ to? But then with a story about it being satisfied?

No. I answered this above.

Thanks sorry I was confused as you were talking about a satisfaction notice. Implying that it was a satisfied CCJ.

They might as well go to court then. If they lose they’re in no worse situation than settling it now (before the court date)

[surveyor_101]

audi321 said:

Thanks sorry I was confused as you were talking about a satisfaction notice. Implying that it was a satisfied CCJ.

They might as well go to court then. If they lose they’re in no worse situation than settling it now (before the court date)

I assume your friend disputes the amount owed?

If you friend loses he has to pay court fees and maybe the sides costs depending on judgement. So if they don't have a good case settling now would be good.

Has your friend had a pre court letter under the preaction protocol a letter needs to be sent stating that they intend to take the matter to court?


Then if the pay in the 30 day period they can apply to have the judgement set aside and so it doesn't get registered.


Then they don't need to declare it, as the debt it not registered as a CCJ, as long as the courts management payment correctly.


If they always got registered and there was no settlement period it would be a penalty for challenging costs and going to court.

Edited by surveyor_101 on Thursday 9th March 14:13

[agtlaw]

audi321 said:

Thanks sorry I was confused as you were talking about a satisfaction notice. Implying that it was a satisfied CCJ.

They might as well go to court then. If they lose they’re in no worse situation than settling it now (before the court date)

Explained here:

https://assets.publishing.service.gov.uk/governmen...

Ignore nonsense posted in the thread about setting aside the judgment.

[FrankAbagnale]

audi321 said:

Hi all. Genuinely asking for a work colleague, but they are being taken to a small claims court by an estate agent over a non paid debt for a couple of grand.

If they lose, do they automatically get a CCJ or is that if they don’t pay the £2k?

Cheers.

Out of interest, and if you don't mind sharing, why is there a dispute?

[Ussrcossack]

Willhire89 said:

If your colleague has got to this stage I would like to think they believe they have a rock solid case and that losing is not an option - if it is all a bit wobbly then trying to settle would be best and the court will expect that those avenues have been exhausted

The judge is working to balance of probabilities rather than beyond reasonable doubt

This all day

[Monty22]

agtlaw said:

The judgment is removed from the register if paid within one month or the judgment is set aside by the court.

A judgment is not a CCJ. Common misconception.

Edited by agtlaw on Thursday 9th March 11:30

Whats the difference between a judgement and a county court judgement (CCJ) ?

[agtlaw]

Monty22 said:

Whats the difference between a judgment and a county court judgment (CCJ) ?

A CCJ is an unpaid judgment debt. (or satisfied more than a month after judgment)

The Register of Judgments, Orders and Fines Regulations 2005 - https://www.legislation.gov.uk/uksi/2005/3595/cont...