Advice re CCJ please

sillyrabbit

Hi all

Probably posting this in the wrong place, so sorry if that's the case! I need some advice on behalf of a family member re a CCJ she has recently been given. She was paying a company (Red Castle?) re a catalogue I think, but for various reasons stopped the standing order (or so she thought). They chased her, so she said send the forms and she would set it up again but the forms never came. Long story short, she gets nasty calls from the company, then they send her debt to an agency, then she gets a CCJ.

What she later found out is that all along she has been paying money to this company, without them seeming to realise!

So, advice please about what steps she should take to rectify the situation would be good.

Hope someone can help.

HappyMJ

Speak to the court that issued the CCJ and get it set aside.

vax2002

You need to file an appeal against the court order

sillyrabbit

OK, thank you - is that easy to do if you have proof of the payments?

mostlycheerful

sillyrabbit wrote: »

OK, thank you - is that easy to do if you have proof of the payments?

It might be if you're lucky and if everyone concerned is efficient and don't make any mistakes or lose stuff in the post or in a pile of someone else's papers etc. And also, of course, as long as you or your family member don't make any mistakes or oversights or leave anything out etc at your end.

So make photocopies of anything you send and maybe send it registered post or at least recorded delivery so that hopefully that rules out the post losing it and them at their end saying didn't receive it and such like nuisance. Make a note of any phone calls in a log, ie a list on a piece of paper, and always try to get the name of the person and write the date and time of the call and what you said and what they said. Keep it all together in a file so that you can always get at the stuff immediately without flapping about losing bits and pieces or having to try to hunt them down or assert stuff from memory.

But as with a lot of admin stuff don't be surprised if perhaps there's some inefficiency and stuff being lost or misplaced or misunderstood and or mistakes and person you're dealing with suddenly going off sick or on holiday etc and therefore some boring twists and turns. And a tedious palaver to have to wade through and sort out, sometimes over and over again, when it goes wrong.

So press on and hopefully you can get it straightened out.

Good luck.

MoreOn

HappyMJ wrote: »

Speak to the court that issued the CCJ and get it set aside.

Agreed, apply to the court to set the judgment aside then go back to court illustrate that agreement was in place have the judgment struck out and counter sue for defamation..

mostlycheerful

MoreOn wrote: »

and counter sue for defamation..

!!!!!!! Don't be absurd! You really are such a ridiculous person, aren't you!

CHR15

sillyrabbit wrote: »

OK, thank you - is that easy to do if you have proof of the payments?

Yes, it's easy. It isn't like a formal Courtroom with dozens of people in. Just a small office with a judge and a recorder, very informal

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Keep those muppets (Red Castle) informed of what you are doing, they may not even bother wasting time attending court to justify it (although they may do if you are counterclaiming for your fees; legal, loss of earnings to attend court etc).

MoreOn

mostlycheerful wrote: »

!!!!!!! Don't be absurd! You really are such a ridiculous person, aren't you!

Stalking me?

mostlycheerful

MoreOn wrote: »

Stalking me?

No, you posted straight after me on this thread, as you can see. I posted here before you, not the other way round.

Then I saw your nonsense and pointed out how crass that idiotic suggestion is.

Crikey so as well as all your other problems you're paranoid as well. Gawd, you are a one, aren't you.

Yes, actually, it's you that's followed me to this thread, isn't it, as you could see that I was the latest post. And this is not on the board that you're usually on, is it. You only came on this thread because you saw my post, didn't you! Doh!

MoreOn

mostlycheerful wrote: »

No, you posted straight after me on this thread, as you can see. I posted here before you, not the other way round.

Then I saw your nonsense and pointed out how crass that idiotic suggestion is.

Crikey so as well as all your other problems you're paranoid as well. Gawd, you are a one, aren't you.

Yes, actually, it's you that's followed me to this thread, isn't it, as you could see that I was the latest post. And this is not on the board that you're usually on, is it. You only came on this thread because you saw my post, didn't you! Doh!

As usual you miss the point, you made a conscious or perhaps not! effort to reply with the usual nonsense...

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sillyrabbit

They can counterclaim for loss of face due to the other parties incompetencies, if i recall and you'd need to check £4/500 was the rate...