CCJ Surprise can you help?

Brad08

Thanks Ras, will do, the CCJ was from a court in Leeds, 4hrs away, can I go to a local court?

DarkConvict

You have to ask the court to have it moved to one local to you.

RAS

yes, you ask for it to be transferred because the court is too far away.

Do you have the default letter?

DVardysShadow

gonzo127 wrote: »

..

and i do believe you have to apply to the court to get it cancelled not the DCA (why would the DCA cancel it they have got what they want)

In these circumstances, the DCA have achieved a CCJ with false information. Once they agree that the CCJ is wrong, I believe that the correct thing to do is to give the DCA the option to go back to court themselves and get the judgement set aside - the procedure will rightly be done at their expense - and once they know it is wrong they should do this without being told or asked.

It is however, too much to expect that they will appreciate this. So the correct thing to do is to ask them IN WRITING to get the CCJ set aside and only after this fails to proceed with getting it set aside from defendant's side - which will involve asking for costs.

[IANAL of course]

10past6

Brad08 wrote: »

Can I do anything to get rid of the CCJ against me?

If you admit the debt, but dispute the amount, no.

Brad08 wrote: »

I was told that I could appeal but no one ever wins

It depends on what your appeal is based on, there are many cases on here where the member has succeeded in making a "Set aside" application.

The court system works on default, i.e., court papers are issued, if a response in not received by the court within the allocated time, a CCJ is awarded, if a defendant claims they never received court papers, that's reasonable grounds to make a "set aside application".

If your unsure of the amount you're liable for, I suggest you make an SAR application using the template letter below, they have 40 days to comply, as and when you're sure of the amount, that'll be the time to make a set aside application including all relevant documentation to support your application.

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

Brad08

DVardysShadow wrote: »

In these circumstances, the DCA have achieved a CCJ with false information. Once they agree that the CCJ is wrong, I believe that the correct thing to do is to give the DCA the option to go back to court themselves and get the judgement set aside - the procedure will rightly be done at their expense - and once they know it is wrong they should do this without being told or asked.

It is however, too much to expect that they will appreciate this. So the correct thing to do is to ask them IN WRITING to get the CCJ set aside and only after this fails to proceed with getting it set aside from defendant's side - which will involve asking for costs.

[IANAL of course]

Hi DVardysShadow, I can try writting to them and asking for this but my conern is the time scales I have 14 days to get back to the courts, I sent the DCA a recoreded delivery letter before explaining the matter was still in dispute and even asked for their help to get to the true figures. They ignored this letter and went to court with out letting me know.

Could they just do the same here? I get the felling I need to respond to the courts as well?

Thanks

Brad08

10past6 wrote: »

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If you admit the debt, but dispute the amount, no.

It depends on what your appeal is based on, there are many cases on here where the member has succeeded in making a "Set aside" application.

The court system works on default, i.e., court papers are issued, if a response in not received by the court within the allocated time, a CCJ is awarded, if a defendant claims they never received court papers, that's reasonable grounds to make a "set aside application".

If your unsure of the amount you're liable for, I suggest you make an SAR application using the template letter below, they have 40 days to comply, as and when you're sure of the amount, that'll be the time to make a set aside application including all relevant documentation to support your application.

Hi 10past6 thanks for helping. You mention they have 40 days to respond, but I have only 14 days to repond to the courts and looking at the paperwork they want payment, or if I dispute some of the claim then to pay part and then dispute the rest. How should I handle the difference please?

I spoke with the bank on Friday, they finally agreed to email the invoices behind the figures and I was finally able to see what they were asking for. But this is after the DCA went to court. I rang the bank back and then argued with them about the errors they made and he agreed on the call that they had duplicated some figures, He said he would let the DCA know the new reduced amount and then look at the other parts of my dispute. So I am still unsure what the final amount due is. I have always said I would pay what is owed but not this made up figure they came to.

I now have the invoices and can check with my bank statements. He acted as if that would fix things, that I now have all the info, I said that I have been asking for this for over ayear and that it was a little late after they went to court, I also reminded him they went to court with the wrong information and he became very angry with me sayig that I had been given all the time needed. I asked him to tell me the final figure and asked for this in an email or by letter he refused saying I should contact the DCA. So again I still have no idea what the final figure will be.

Apart from the phone call, which I wish I recorded do you feel I have enough to have the CCJ set aside?

Thanks for your help again.

10past6

Within the court papers, once you filed your “acknowledgement” you then have a further 14 days to either admit / dispute / deny the debt, if you disputed the debt based on the amount claimed, it's for the claimant to prove the alleged amount is correct.

If you make an SAR application, it's a “Legal” requirement placed on them to comply with your request, they have 40 to comply, should they fail to comply fully with your request, that'll be grounds for making a “set aside” application, the onus is on the claimant to prove the amount stated on the claim is correct.

I also suggest you cease dealing with anyone connected to the claim on the telephone, no matter how tempting it may be.

DarkConvict

I also believe if you pay a CCJ in full within 28 days of the judgement or set aside date, it will not show on your credit file.

But follow 10past6's advice on this, he has experience in it, although I actually don't know were from

Brad08

10past6 wrote: »

Within the court papers, once you filed your “acknowledgement” you then have a further 14 days to either admit / dispute / deny the debt, if you disputed the debt based on the amount claimed, it's for the claimant to prove the alleged amount is correct.

If you make an SAR application, it's a “Legal” requirement placed on them to comply with your request, they have 40 to comply, should they fail to comply fully with your request, that'll be grounds for making a “set aside” application, the onus is on the claimant to prove the amount stated on the claim is correct.

I also suggest you cease dealing with anyone connected to the claim on the telephone, no matter how tempting it may be.

Hi 10past6,

It has been a huge help to read your comments, so thanks for your help.
I had an email today from the bank saying they are to give me a credit note bringing the amount down by the amount I was disputing and a new balance payable. I was surprised to get this as it could be seen as an admission that they were wrong.
Would I still have to pay the court fee £85 and solicitors cost £80 if I agree this amount? but it feels like a usable admit ion by them to have the CCJ put aside as they applied for the CCJ without my knowledge and an incorrect figure.
I will go to my local court tomorrow and try to have it put aside and moved to local court.
Dark Convict mentions that paying it would also mean that my credit rating would be saved. Do you know if that is right as well.
Thanks again, this has really helped J