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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19870
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We have a CCJ that has been paid prior to being issued, however

Resolved Question:

We have a CCJ that has been paid prior to being issued, however the CCJ claim court fees have not been paid. The claimant is refusing to accept any form of repayment for the court fees, and the court says unless the claimant accepts the fees, that they cannot remove the CCJ.

How can we proceed in this matter?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

-Could you explain your situation a little more?
Customer: replied 1 year ago.

We had a customer who we had refunded,who took out a claim form that was posted to us on the day we issued the refund. Meaning that the court fees were still required to be paid (a sum of £25) in order for the CCJ to be paid. However the customer is refusing to accept the £25, they will not provide bank details, and fail to cash any cheques we send them.


Consequently, we are unable to have this CCJ removed off the records, despite it being paid.

Expert:  Stuart J replied 1 year ago.




Why is
he refusing to accept the court fee, purely to keep the judgement in place? Do
you have his bank details? Do you have proof of the cheques that you sent him?

Is he
refusing or ignoring? There is a big difference.



How
did he pay for the goods?



Have
you threatened an application to court and an application for costs unless he
accepts this money?

Customer: replied 1 year ago.

He is refusing to accept the court fee purely to keep the judgement there. He has refused to provide us with bank details. We have sent him two cheques since, but he hasn't cashed them. This seems more of a refusal than someone ignoring us.

 

He paid for the goods via card, and we refunded him to his card. However we are unable to add additional funds to that transaction, and cannot reuse or have access to his card details in order to reimburse him that way either.

 

We have sent him an email and he said he would rather go to court.

Expert:  Stuart J replied 1 year ago.








In
that case, I would give him what he wants and take him to court.



Clearly,
he is an obnoxious piece of...



Apply
on court form N244. The fee £175 which you will get back if you win.



If it
goes to court, there is a further hearing fee of £200 which will also get back
if you win.



If you
instruct solicitors, you will also get the solicitor's costs back if you win,
unless the judge decides that it is small claims matter when you will not get
the solicitor's costs back and you will have to take those on the chin.



The order
you are asking is an order that defendant accepts the sum of £25 being the
court costs in respect of the court application dated X and which were paid to
the defendant on the same date as the court application X, and that the defendant
instructs the credit reference agency to remove any reference to any County
Court judgement forthwith.



Attach
a witness statement to it, explaining all the facts.



If you
have anything in writing from him telling him that he will not except the money
because he wants the judgement to stay there and he would rather go to court,
attach it to the witness statement and refer to it in it.



The
matter will then be adjudicated by the judge and costs awarded against him if
you get the order.



At
this stage, my suggestion would be to get a solicitor to write threatening the
application to court and the application for costs, putting down the costs in
detail. It may focus is mind but sometimes idiots and obnoxious people have no
logic.



I
assume that he did give you warning that if you did not refund him he would
issue proceedings and that the issue of proceedings was not premature. If it
was, I would raise that issue also with regard to the issue of costs the £25
costs



Does
that answer the question? Can I help further? Can I answer any specific points?



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I am
off-line shortly but will pick this up later because I am on and off-line each
day and weekend so please bear with me.



Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19870
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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