ccj from a website

stevojay

i have recently done my credit score to find i have a CCJ. i now were it is from but i think it has been given to me unfair.

i had a friend build me a website we had an argument and he charged me for the website. i went to court and the judge felt that as he had done the work i had to pay for it. £2811 to be exact.

i appealed and set aside the judgement 3 times but still been told to pay.

my argument is i don't actually have the website he has printed me out screenshots onto paper and given me a disc with a letter stating for me to open it i need specialist software or an apple mac computer.

surely i cannot be forced to pay for something i don't have.

at my last appeal i stated that i didn't have the website showed them the letter and the disc and also showed them an email were this so called friend states you will get your website when you have paid for it. the judge said i cant over rule the first judgement and there was nothing i could do.

could i go to court with a separate claim against him stating i have never had the website its not fit for purpose and actually get the CCJ taken off.

Also does anyone now of a way of me getting information on similar past cases were the customer has won.

hope someone can help

jason

PNPSUKNET

why not pay it and then get him to upload the site, got to say though not much of a friend to charge you that much for a website

stevojay

so would you pay for something you don't actually have.

we are not talking about a £2.00 £20.00 or even £200.00 item we are talking a £2811.00 website that was designed to make me money but has cost me £2811 no income and given me a ccj for 6 years

dmg24

How have you appealed three times? Be careful of wasting the time of the court, you could end up being classed as a vexatious litigant.

stevojay

i first appealed and it was refused so i set aside the judgement and that was refused and i was told to set aside the first initial appeal and that was refused

i was told to open a separate case as there was grounds against Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

but they could not over rule the first judgement as it was to say if i had to pay or not and not whether i had the goods in the first place

dmg24

OK, it sounds like you have probably wound up the court a tad already.

The only course of action I can see now is for you to pay, and then sue if he does not then provide what you paid for.

stevojay

this case has gone on since sep 2007 and ended march 2010

but to be perfectly honest i have a legal right to argue my case

you go to a shop you purchase something it doesn't work you can get your money back.

i dont even have the item i am supposed to pay and never have done so how can i be made to pay for somethin i dont have

i asked the judge in court would you pay nearly £3,000 for something you dont have he said no but i cant over rule the judge

im sorry but what is the appeal system for if he cant over rule the judge £220 spent and every time was told cant over rule the judge

even the CAB stated judges don't like to over rule another judge as it makes them look inferior or not able to do their job. NOT FAIR really

dmg24

Of course you have a legal right to argue your case, but you have done this and you have lost.

You have not paid for the goods. You would not be able to take something from a shop without payment, so why do you expect to be able to do this with a website?

stevojay

i have not paid for the goods because its not what i was given

how many websites do you now that are pictures/screenshots on paper
how many websites do you know were you have to buy software costing hundreds of pounds to use it

a website to me is what we are on now so again would you pay for something you cant use
i dont think so !!!!

i lost the case because the case was to show if i had to pay for it or not i argued that he was a friend and he did it for me he argued wether he was a friend or not he has done the work so the judge said yes he has done the work you have to pay

i am now saying why should i be paying for something i dont have, i can use is not what is described and is not fit for its purpose

dmg24

OK, as far as I can tell (and it is difficult, because you are ranting) the court has basically decided that you need to pay before you get the website. You cannot appeal against this again. I'm not sure what you want us to tell you, you really should have taken advice prior to the case.

stevojay

better example

you order someone to come in and paint your lounge yellow you agree to pay £250

you come in the next day they have painted the walls green is it what was described no so are you still going to pay?

i really cant understand what it is i am doing wrong

i have asked for a website not pictures on paper yet people still feel i have to pay for something i haven't asked for !!!!