CCJ should never have been obtained am i entitled to refund

markyboy132310

Hi Guys,

I have just won a long running battle with Welcome Finance.

They have finally had the CCJ they obtained without grounds discharged after 4 years.

They took me to court on the back of a satisfied notice of default, after all this time they finally upheld my complaint that I should never have been taken to the county court & agreed to have the ccj discharged and mark the credit line as satisfied.

They then failed to act upon these findings and after giving them more than ample time to do so i had to raise a complaint with the financial ombudsmen.

A letter appeared at work telling them that they were not to pay the attachment of earning again (i refused to pay the original court order) then a day later a letter appeared from the ombudsmen saying that my complaint had bn opened & i would have a response within 8 weeks.

I told the ombudsmen on my complaint form that I wanted refunded to me every £80 payment made since the ccj was granted because they had no legal right to take me to court in the first place

I understand I will only have to pay it back again but my question is this... Am I entitled to a full refund of money paid towards that incorrectly obtained CCJ?

... I also have a long running substantial PPI claim against these people...

Thanks in advance

Mark

chanz4

if the money was owned, no you would be

skintandscared_2

I'm confused. Were the £80 payments repayments of the original loan, or additional penalties/payments due to the CCJ?

paddyrg

I would suspect that anything that was actually owing to them would not be repaid to you, but if it was only owing because of charges, you should get that back. The ombudsman/courts will restore things to how they 'should' be, usually, but whether they would treat those payments as overpayments on a current loan, or give you the cash back (to then repay) would depend a lot on how disadvantaged you would be/have been (eg have the payments been coming out of your overdraft and clocking up fees?)