You don't "appeal" a CCJ, you apply to have it set aside. Unfortunately, it is not the claimants fault that the claim wasn't defended properly.
There are two options to consider when applying for a set aside. If the claim was not served correctly of deficiently, i.e. to the correct address, then a set aside under CPR 13.2 is mandatory. In this case, the claimant hasn't done anything wrong and the clam was served to the correct address.
However, there is CPR 13.3 which is a discretionary set aside. There is no guarantee that it will be successful but one of the reasons that can be applied for is the defendant has a real prospect of successfully defending the claim.
Ignorance of what should have been done is no excuse but if it can be shown that there is a real prospect of successfully defending the claim, then there is a fair chance that the court will allow the set aside. At the end of the day, it is the Overriding Objective (justice is seen to be done) that is important.
If an application is made, there are two possible routes. One is an application with consent (of the other party) and one without consent. An application where both parties agree costs £119 and does not require a hearing. If the other part does not consent, then an application without consent costs £303 as it requires a hearing.
I doubt the climate will agree to an application with consent as they did nothing wrong. Even if they did consent, they'd expect you to pay for the application and probably also their costs and at least the initial principal of the PCN.
If you apply without consent, aside from the £303 for the application, there is no guarantee that the court will grant the set aside but if a good argument is put forward, they generally do. It is likely that the court would order the defendant to re-submit their defence and for the case to be heard at a later date. The court could order that costs are reserved until after the outcome of the hearing or simply expect the defendant to bear the cost of the £303 application fee.
If costs are reserved, it is essential that they are protected as it is almost certain that they would discontinue before any hearing and then the matter of recovering costs is down the drain.
Then again, the court could take one look at the claim and strike it out there and then at the set aside hearing.
Not doing anything is an extremely bad option. If it is less than 28 days since the CCJ was issued, the total amount can be paid and that is the end of it. There will be no CCJ on your credit record for the next 6 years. It is completely expunged.
If more than 28 days have passed and you pay it, then it remains on your credit record but marked as "satisfied". That is about 1% less financially painful than having a unsatisfied CCJ.
So, choices, choices, choices.
Apply for a set aside or pay the CCJ or do nothing?
