CCJ Removal once paid

madmarf

hi all, im new here and i hope i have posted int he right section.

right a long story so here goes,

back in 2008 i recieved a phone call from a solicitors called Brian carter. they were claiming htat a ccj had been registered against me for £267. i denied this as i hadnt recieved any comunication at all from them, the courts or nationwide. now i had an account witht hem when i was 16 (a flex account) i then closed this when i was 17 so i failed ot see how i would ow them any money as you cant get credit untill your 18. from here i started writing letters to nationwide and to brian carter asking for the information and where this debt origionated from. still to this day (2 years later) i havnt recieved a thing from either. i have sent via recorded delivery and everything. anyway, during a 6 month period of trying to get a responce from someone i was continuing to recieve threatening calls from Brian Carter, untill one day they told me they were going to send someone round, i then just offered them payment (stupidly) to get them off my back whilst i carried on. i refused to pay via debit card over the phone and offered them any other "secure" payment, weeks later i had to pay via debit card.

now after this, i carried on writing to them etc and i still recieved nothing. now this is a satisified judgment and noone is interested in comunicating with me, even brian carter refused to deal with me over the phone as the account was paid.

ok so from here i applied to have the ccj set asside under the grounds of i didnt recieve any court papers, nationwide were completely unresponsive and that i have no evidence to support the debt. court attempt 1 - thrown out as the papers were "aparantly sent to my address" . court attempt2 (today) - thrown out as the judgment has been paid therefore they cant set it asside because the judge (confusingly) failed to see how i could repay a paid debt. he really wound me up and was very confused himself, he didnt even seem like he knew what he was saying or doing.

now i have no idea what to do. i have paid the debt to stop the bailiffs coming round and im being told i shouldnt have. i have a judgment against me that has no paper trail of existing and i have a damaged credit file. so angry right now, all i have done is the right thing and im being told its wrong!

any help would be massivly apreciated.

jez

10past6

madmarf wrote: »

court attempt2 (today) - thrown out as the judgment has been paid therefore they cant set it asside because the judge (confusingly) failed to see how i could repay a paid debt

You have the right to appeal to a higher court (Circuit Judge) if you believe the Judge today was wrong, that appeal MUST consist of either case law or legislation today's Judge ignored / over ruled.

IMO, today's Judge was correct, in that, you've paid an “alleged” debt, unfortunately, courts don't deal on he said / she said / they said, they deal on written facts presented to them, at the time of the “alleged” harassment, that was the time to stop talking to the claimant and request communication in writing, sadly, and it's not what you want to hear, but as you've admitted the debt, you're onto a loser should you chose to appeal.

GeorgeUK

If you do not think this was your debt, or should not have owed this debt as you were under 18 and had not taken out credit, you may be able to get the details from a subject access request (SAR - cost £10).

This should show you all documentation and transaction data they hold on you. Hopefully you wil lbe able to see where the debt came from and what documentation was sent to notify you of the problem.

It would not be the first time someone has been pursued through the courts for a debt that wasn't actually their's.

madmarf

10past6 wrote: »

You have the right to appeal to a higher court (Circuit Judge) if you believe the Judge today was wrong, that appeal MUST consist of either case law or legislation today's Judge ignored / over ruled.

IMO, today's Judge was correct, in that, you've paid an “alleged” debt, unfortunately, courts don't deal on he said / she said / they said, they deal on written facts presented to them, at the time of the “alleged” harassment, that was the time to stop talking to the claimant and request communication in writing, sadly, and it's not what you want to hear, but as you've admitted the debt, you're onto a loser should you chose to appeal.

thanks. so your saying i have admited the debt as i have paid it? thats rediculous. id rather pay it than have my good taken away. why cant judges look at things other than "Paperwork", i personaly dont htink he was right as he didnt even read my defence statement.

can i request a copy of the tape recording? he was recording the interview allthough i wasnt told anything about it.

madmarf

GeorgeUK wrote: »

If you do not think this was your debt, or should not have owed this debt as you were under 18 and had not taken out credit, you may be able to get the details from a subject access request (SAR - cost £10).

This should show you all documentation and transaction data they hold on you. Hopefully you wil lbe able to see where the debt came from and what documentation was sent to notify you of the problem.

It would not be the first time someone has been pursued through the courts for a debt that wasn't actually there's.

thanks for this, very usefull. does anyone know the postal adress for this @ nationwide?