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No 10 seeks to cancel county court debt judgement against Boris Johnson | |
(about 2 hours later) | |
Downing Street is seeking to cancel a county court judgement against Prime Minister Boris Johnson that cites an unpaid bill of £535. | |
The order was made against Mr Johnson, of 10 Downing Street, on 26 October, according to a judgement database. | |
The creditor and nature of the debt, which was first reported by Private Eye magazine, is not yet known. | The creditor and nature of the debt, which was first reported by Private Eye magazine, is not yet known. |
A Downing Street spokesperson said the claim against the PM was without merit. | A Downing Street spokesperson said the claim against the PM was without merit. |
"An application will be made for an order to set aside the default judgement, to strike out the claim and for a declaration that the claim is totally without merit," the spokesperson added. | |
Watchdog to investigate PM's flat renovations | Watchdog to investigate PM's flat renovations |
What is the row over Boris Johnson's flat about? | What is the row over Boris Johnson's flat about? |
What do we know about Boris Johnson's finances? | What do we know about Boris Johnson's finances? |
The BBC understands the case relates to a defamation claim against Mr Johnson. | |
County court judgements are issued in England and Wales when people fail to repay money they owe. | |
"If you get a judgement, this means that the court has formally decided that you owe the money," according to a government website. | |
A bailiff "may visit your home if you do not pay your debts", the website warns. | A bailiff "may visit your home if you do not pay your debts", the website warns. |
Banks and loan companies can also use the information to decide whether to issue credit or loans. | Banks and loan companies can also use the information to decide whether to issue credit or loans. |
"If you're late with your payments, you could be taken back to court and you may have to pay extra costs," the website adds. | "If you're late with your payments, you could be taken back to court and you may have to pay extra costs," the website adds. |
Anyone who has had a county court judgement (CCJ) against them can apply for it to be cancelled - or "set aside" in the legal language - but they must convince the court that there is a good reason for this to happen. | |
That could include the judgement having been issued in error - perhaps because the debt had actually been paid, or because there was never a debt in the first place. | |
It's not clear whether that is Mr Johnson's argument, given he could have raised these points before the court order was issued. | It's not clear whether that is Mr Johnson's argument, given he could have raised these points before the court order was issued. |
Sometimes, people seek to have a CCJ cancelled because they genuinely did not know about it, such as if they never received the formal request to tell the court their side of the story. | Sometimes, people seek to have a CCJ cancelled because they genuinely did not know about it, such as if they never received the formal request to tell the court their side of the story. |
That can happen when the court has been provided with the wrong address for a debtor who only later learns of the judgement when they discover it has damaged their credit score. | |
The official rules for applications to set aside a judgement state: "Most applications will require a hearing and you will be expected to attend. The court will allocate a hearing date and time for the application. Please indicate in a covering letter any dates that you are unavailable within the next six weeks." | |
The application must come with some kind of "statement of truth", explaining why the judgement should be set aside. | |
The prime minister could instruct a lawyer to appear for him. | The prime minister could instruct a lawyer to appear for him. |
Applicants can also ask the court to consider waiving the £100 fee if it would cause them "undue hardship". | Applicants can also ask the court to consider waiving the £100 fee if it would cause them "undue hardship". |
The prime minister's personal finances have been under intense scrutiny in recent weeks. | The prime minister's personal finances have been under intense scrutiny in recent weeks. |
In particular, he has faced questions about how renovations to the flat, above 11 Downing Street, that he shares with fiancée Carrie Symonds were paid for. | |
He has insisted he personally paid for the work, but has declined to say whether he received an initial loan. | He has insisted he personally paid for the work, but has declined to say whether he received an initial loan. |
The Electoral Commission is investigating whether any spending on the flat falls within its remit, and whether any donation to the Conservative Party was properly declared. | The Electoral Commission is investigating whether any spending on the flat falls within its remit, and whether any donation to the Conservative Party was properly declared. |
Earlier on Wednesday, the prime minister's spokesman said the court judgement had nothing to do with the Downing Street estate refurbishment, saying: "All bills have been paid by the government or the prime minister, personally." | |
Asked if Number 10 had only become aware of the judgement when it was first reported earlier on Wednesday, the spokesman said it was something they are "looking into currently". | |
And on being asked whether there should be concerns about the prime minister's personal finances, Mr Johnson's press secretary said: "You should not be concerned, no." | And on being asked whether there should be concerns about the prime minister's personal finances, Mr Johnson's press secretary said: "You should not be concerned, no." |