Setting aside a court order

What is happening

Money has been taken from a card under a court order in favour of a debt collection agency. The person has never dealt with that company: a bank assigned the debt to it years ago, and by their reckoning limitation expired long since.

An order for unpaid utility charges has been issued in respect of a flat where the person has not lived for several years and where post no longer reaches them. They found out by chance, through the state services portal.

The debtor does not dispute borrowing the money but disagrees with the amount: interest and penalties they consider excessive have been added, and their own payments have not been taken into account.

What the law says

• Under the Code of Civil Procedure, a court order is issued by a justice of the peace on claims treated as undisputed: those under written transactions, utility debts and certain other categories. The debtor is not notified of the application and learns of the order only after it has been made.
• The debtor may file objections to enforcement of the order within ten days of receiving a copy. No reasons are required: stating disagreement is enough, and the order is set aside.
• If the deadline was missed for reasons beyond the debtor's control, for example because the copy went to an address where they no longer live, the objections are filed together with reasons why the delay is excusable and supporting documents.
• Once the order is set aside, the creditor may bring an ordinary claim, and the dispute is then heard with the debtor taking part: limitation can be raised, the calculation challenged and proof of payment produced.
• If money has already been recovered under the order, the debtor can apply for reversal of enforcement once it is set aside. The court decides that question taking into account whether the creditor has brought a claim on the same demand.
• Tax arrears owed by individuals are recovered by court order under the Code of Administrative Court Procedure: the logic of objections is similar, but the procedure and deadlines differ.

What we do

• We examine the order: who the creditor is, what it rests on, how the amount was arrived at and whether the right court issued it.
• We work out the dates: when the order was made, sent and received, and whether there are grounds to restore the deadline.
• We prepare objections and, where the deadline has passed, reasons for the delay with supporting evidence.
• We pass the ruling setting the order aside to the bailiffs and the bank so that recovery stops.
• We apply for reversal of enforcement if money has already been taken.
• We assess what comes next: how likely a claim is and what arguments you have, such as limitation, a wrong calculation or payment.
• We represent you in the ordinary proceedings if the creditor goes to court.

What we will need from you

• A copy of the court order or its details: the case number and the court district number.
• The envelope, or details of when and how you received the order or learned of it.
• Documents showing residence at another address, a work trip or illness, if the deadline was missed.
• Bank statements showing debits and any bailiffs' decisions, if recovery has started.
• The credit agreement, payment receipts, notices of assignment: anything relating to the debt.