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CCJ Issued by Council regarding rental property

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  • jayu619
    jayu619 Posts: 239 Forumite
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    bazzyb wrote: »
    This seems to be overcomplicated. The solution seems to me very simple - he needs to apply to the court to have the judgment set aside. As he can evidence that the correspondence was sent to the wrong address, this will be sufficient to get it set aside.

    Once set aside, he can put in a defence stating that he had made the payments and can detail the dates they were made etc. The council will then not succeed in getting a new judgment against him.

    The only part I don't understand is that if he had already made the payments by standing order, why did he then also send them a cheque for settlement - has he paid twice?

    Hi Bazz
    I think this is what he will end up doing.
    But can we recover court costs from Council and/or bank?

    In regards to the payments, he has asked this question over the phone - for council to provide a clear breakdown. The emails and letter correspondence he's had, all state different figures. My dad paid a cheque to clear arrears relating to that period only. Whereas, the legal officers figure is £200 higher. And is very different from claim form and judgement served against my dad. We patiently await their response for a breakdown.
  • jayu619
    jayu619 Posts: 239 Forumite
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    Hi All,

    Just an update.
    This is the email that my dad sent to the council last night:

    [FONT=&quot]"----Many thanks for your email.[/FONT]
    [FONT=&quot]You still have not addressed the issue as to why legal correspondence was going to my rental property despite your legal team providing that particular address - yet your solicitors were sending it to the rental property, which I do not live in.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]As I mentioned, I will be taking the matter further within your internal complaints procedure and/or Local Government Ombudsman if it is deemed necessary."
    [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]He sent another email after speaking to the bank, shortly after the one above:[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]"---[/FONT][FONT=&quot]Further to my email below, I would also like to know whether there was a standing order mandate sent to me as I cannot recall ever going to my bank to cancel the SO up until Jun 2016 and setting up a new one in Aug 16, as the beneficiary account name and bank details changed. This relates to the same period in respect of arrears and CCJ.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]If this information nor any of my questions are addressed, I will be making an official request under FOI/Subject Data Access request for all the information that is held with THH especially in regards to the SO and CCJ against me."----[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]This is the council's reply:[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]"[/FONT][FONT=&quot]---Thank you for your email, I will not be able to respond to your email in regards to other issues/concerns that you have. My involvement is the CCJ that has been awarded which I have written to you.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]As I said earlier, once payment is received I will send you a letter and to the court of your payment of the CCJ. If you have any issues resulting to the CCJ for that matter, please contact your collection officer"----

    Is this acceptable by the council??
    Thanks,

    Jay
    [/FONT]    [FONT=&quot][/FONT]
    [FONT=&quot][/FONT]
  • jayu619
    jayu619 Posts: 239 Forumite
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    Hello
    I was wondering if anyone could give their opinion on the above?

    My father has sent a Subject Access Request for all info held by the council relating to CCJ.

    Thanks,
    Jay
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    jayu619 wrote: »
    After speaking to the bank, thy suggested a possible explanation could be that a standing order mandate was sent which he signed.

    Also that he omitted to enter a reference number of any kind.
  • jayu619
    jayu619 Posts: 239 Forumite
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    Thrugelmir wrote: »
    Also that he omitted to enter a reference number of any kind.

    Possibly so. But there was no reason for him to go into the bank to cancel old SO and make a new SO, because the old one was being paid for over 6 years prior.

    That only leaves the mandate question - either the council forgot to input it when they changed their beneficiary details. Or when the mandate was sent to the bank, they omitted it.

    He's asked for all documents to be sent relating to the matter, so let's see what that produces.

    Thanks,
    Jay
  • jayu619
    jayu619 Posts: 239 Forumite
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    edited 23 February 2018 at 9:49PM
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    Hi All -

    The council wrote to my dad via email stating that their solicitors will be applying to the courts to get the CCJ set aside, all costs being paid by solicitors.

    Question now is - do we still complain to the council? And/or LGO? They really wasted his time and money, as he had to take time off work to visit the bank, gather all the info etc.

    Any advice on the matter would be appreciated.
    Jay
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    The council's website should tell you the complaints procedure.

    https://www.gov.uk/complain-about-your-council
  • Lioness_Twinkletoes
    Lioness_Twinkletoes Posts: 1,573 Forumite
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    What address is on Land Reg? Is it the property address or the correspondence address?
  • jayu619
    jayu619 Posts: 239 Forumite
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    Hello!
    It is my fathers correspondence address.
    Council also passed correspondence address to solicitors to send ALL documents to him at their main residential address.

    Thanks
    Jay
  • Lioness_Twinkletoes
    Lioness_Twinkletoes Posts: 1,573 Forumite
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    jayu619 wrote: »
    Hello!
    It is my fathers correspondence address.
    Council also passed correspondence address to solicitors to send ALL documents to him at their main residential address.

    Thanks
    Jay

    Ooops on the part of the Council then. Good luck with your complaint (yes, I would absolutely go ahead with it); if they have any sense they'll be tripping over themselves to apologise profusely.
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