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Calling CCJ Experts - help needed please
MyopicMoo
Posts: 274 Forumite
Hi,
This is a bit of a saga so I apologise in advance for the long post.
My OH owes some money to a company. Early this year they contacted him - he explained that as we owed council tax arrears we could only offer a token amount. We heard nothing for a bout a month. Then we received a letter from the company he owed money to claiming that they had a CCJ. We asked for proof and they sent a very bad photocopy of a claim form. After several letters where we asked for clear proof and they insisted that a CCJ was in place, we decided to call the court (Northampton) who informed us that no CCJ was in place. We contacted the company and set up an arrangement at the start of April. At the end of April we received notification (clear this time) that a CCJ had been issued on 22nd April (after the arrangement had been set up). We didn't receive any papers from the court prior to the letter.
OH contacted the company who told him that as we had not paid in full, it had been passed to our local court for enforcement. OH pointed out that we had not had any paperwork about the CCJ - and was told that it had all been sent to an address we never lived at (despite the fact that we had written and received letters from the company prior to the CCJ. She also confirmed that they had records of the previous letters and the arrangement.
Is there anything we can do about this or is it too late? It does seem that the company has been rather underhanded.
Any help or advice gratefully received.
This is a bit of a saga so I apologise in advance for the long post.
My OH owes some money to a company. Early this year they contacted him - he explained that as we owed council tax arrears we could only offer a token amount. We heard nothing for a bout a month. Then we received a letter from the company he owed money to claiming that they had a CCJ. We asked for proof and they sent a very bad photocopy of a claim form. After several letters where we asked for clear proof and they insisted that a CCJ was in place, we decided to call the court (Northampton) who informed us that no CCJ was in place. We contacted the company and set up an arrangement at the start of April. At the end of April we received notification (clear this time) that a CCJ had been issued on 22nd April (after the arrangement had been set up). We didn't receive any papers from the court prior to the letter.
OH contacted the company who told him that as we had not paid in full, it had been passed to our local court for enforcement. OH pointed out that we had not had any paperwork about the CCJ - and was told that it had all been sent to an address we never lived at (despite the fact that we had written and received letters from the company prior to the CCJ. She also confirmed that they had records of the previous letters and the arrangement.
Is there anything we can do about this or is it too late? It does seem that the company has been rather underhanded.
Any help or advice gratefully received.
Ebay challenge 2010 - £525
:idea:August 2009: Debt _pale_: [STRIKE]£55895.56[/STRIKE] £43069.65 - £12825.91 paid off so far (23%)
Council Tax Arrears Paid £6023.67/£6581.64 (92%) :j
2009 (5 months) £5753.53 paid / 2010 £7072.38 paid so far
:idea:August 2009: Debt _pale_: [STRIKE]£55895.56[/STRIKE] £43069.65 - £12825.91 paid off so far (23%)
Council Tax Arrears Paid £6023.67/£6581.64 (92%) :j
2009 (5 months) £5753.53 paid / 2010 £7072.38 paid so far
0
Comments
-
So are you certain they have got a CCJ this time? have they sent you some proof of it? or have you checked with the court.
If you had no opportunity to defend this, or ask to move it to your local court you should be able to get it set aside (although there is a fee to do this).
Might be worth pm'ing 10past6 for some advice - I would say they have been very underhand.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
Hi
You need to get this CCJ set aside;the mere fact that they sent the paperowrk to an address where you have never lived should be enough.
Please read http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
and follow the instructions.
Once that is done, they will try and do a CCJ properly so you need to get help working out how to deal with the new lot of pperwork.
Where are you now with sorting out the CT arrears?If you've have not made a mistake, you've made nothing0 -
Thanks for that. The CCJ is definitely in place this time. We have almost completely cleared the council tax arrears, I just need to check with each council that everything is fully up to date.
I will look into getting the CCJ set aside.
Thanks once again.Ebay challenge 2010 - £525
:idea:August 2009: Debt _pale_: [STRIKE]£55895.56[/STRIKE] £43069.65 - £12825.91 paid off so far (23%)
Council Tax Arrears Paid £6023.67/£6581.64 (92%) :j
2009 (5 months) £5753.53 paid / 2010 £7072.38 paid so far0
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