Unfair issue of ccj - help

Nosnor123_2

I recently moved from London to Manchester. Whilst living in London I had no written or verbal rental agreement. My job became stressful and so I moved away from London. Whilst there was no 'agreement' I did pay £400 per month whilst I was there. Upon on departure at the end of July I owed £400. I emailed the person from who I house shared with to state that once I could find a new job I would endeavour to pay the money owed. I eventually found a job and so communicated via email that I would begin to repay the money although due to unemployment my outgoings were high etc and so I wasn't sure how much my first payment would be. I mentioned my pay date of 30 sept in this email.

Since receiving my email, (to which I did not receive a response) I have had a letter from the court about a ccj!

I ask how someone can do this even when I have clearly made offers to pay and without a rental agreement?

The person in question is unemployed and I fear he is doing this to obtain more monies.

I have also received personally abusive and offensive emails from this person when I have remained amicable and civil.

Any advice would be greatly received.

fatbelly

You admit that you owe £400.The court agrees with you.

Now all that remains is to work out how you will repay that. Did you receive and respond to the court claim? Is that what you mean by 'a letter from the court'? If so, you need to state your income and expenditure and make an offer of payment.

If you've already received the judgement as an order to pay 'forthwith', you can apply to vary that to an instalment order

Nosnor123_2

Thanks Fatbelly.

My only issue is that if the person issuing the CCJ had waited for me to pay, then this would have been avoided. I agree to owing the money but I dont agree with the issue of the CCJ. How do i proceed without having the CCJ on my credit file?

PS The person in question has also stated in a recent email that he intends on refusing ANY offer of payment made!

Nosnor123_2

I recently moved from London to Manchester. Whilst living in London I had no written or verbal rental agreement. My job became stressful and so I moved away from London. Whilst there was no 'agreement' I did pay £400 per month whilst I was there. Upon on departure at the end of July I owed £400. I emailed the person from who I house shared with to state that once I could find a new job I would endeavour to pay the money owed. I eventually found a job and so communicated via email that I would begin to repay the money although due to unemployment my outgoings were high etc and so I wasn't sure how much my first payment would be. I mentioned my pay date of 30 sept in this email.

Since receiving my email, (to which I did not receive a response) I have had a letter from the court about a ccj!

I ask how someone can do this even when I have clearly made offers to pay and without a rental agreement?

The person in question is unemployed and I fear he is doing this to obtain more monies.

I have also received personally abusive and offensive emails from this person when I have remained amicable and civil.

This person has also stated in a recent email that he refuses to accept ANY offer of payment!

Any advice would be greatly received.

fatbelly

Nosnor123 wrote: »

Thanks Fatbelly.

My only issue is that if the person issuing the CCJ had waited for me to pay, then this would have been avoided. I agree to owing the money but I dont agree with the issue of the CCJ. How do i proceed without having the CCJ on my credit file?

I don't think you can, unless you can successfully argue that you don't owe the money.

Nosnor123 wrote: »

PS The person in question has also stated in a recent email that he intends on refusing ANY offer of payment made!

He is entitled to refuse, and the court will then decide if your offer is fair, and if not, what you should pay. I don't understand what his plan is - why would he refuse 'any offer'?

P. S. If you pay the judgement in full within 28 days it does not appear on your credit file

crofton23

oh dear i am sorry to hear of the problem you have had with whom you house shared, from what you have said, when you say " I had no agreement" i guess you are referring to the fact you had no " tenacy agreement" you effectively where a Licencee by default..... as you lived there with permission from the tenant! my first peice of advice would be to consider challanging the CCJ. as the court is likely to have made the decision in default - i am assuming you did not reply - contact the court in question and find out where the court papers said on the application and where they were sent. they should be able to send you an information pack explaining what to do if you want to challenge the CCJ......

one word of warning would be that as you have already sent an email to your ex roomie admitting the debt it's self...you have in effect admitted the debt and failed to pay....they may well have a good case for none payment....and every right to apply for a CCJ....

questions are has the CCJ been served properly = can i challange the process adopted - is the information correct - where was the application sent.
2ndly - do i owe the money - is it for unpaid rent or a notice period - what was the rent made up of rent/food/council tax utillerties?
3rdly - if you for sure owe the money do i have the funds to pay????

in essense if the CCJ has been issued in ignorance of a reply and you have a just argument to challange the administration, any judge would consider if you owe the money and if it can be proven you do...he will more than likely allow the judgement to stay. if that makes sense.