Overturning a CCJ, What are the Chances of success?

CHR15

Hi,
About a year ago I instructed a solicitor to act for me for a divorce. I gave them my details, name address, mobile phone number and email address etc.

I told my solicitor that I was only going to be at the present address for a few weeks, then I was moving. We had a lengthy discussion about the suitability of being apart from my solicitor but she said, "it is fine though as we have mobiles and email to do business" and "hardly anything needs a physical signature until the latter stages".

Just before I moved there was a complication in the preceedings so I told the solicitor I wanted to put things on hold. I said we would be on hold until I instructed further (this is in writing and confirmed in writing by the Solicitor).

Things had been like this for a about 6-7 Months until I got a County Court Liability Judgement against me for £299 unpaid bills from the solicitor!

It would appear the solicitor sent an invoice to my old address. The new tennant did not forward the invoice. Obviously I never received it, so they never got their money and persued me through the courts.

To say I am annoyed is an understatement. The bill is £197 with £102 costs. The Judgement has trashed my (up to now) unblemished credit rating!

The points to my argument are that:

IF I had received an Invoice I would have paid it, I simply did not receive one.

The Solicitors KNEW I was no longer at my old address (although I accept they did not know my new address)

They did not make a reasonable attempt to contact me as they also had my Mobile Number, my Email address and my place of work (where the proprietor of the Solicitors works one day a week!).

In accordance with their own terms and conditions, I did NOT write and tell them they were no longer required to act on my behalf. As far as I was concerned they were still acting for me but simply hadn't received any further instructions. When precedings start to move again I will instruct them.
For this reason I dont know why they were trying to invoice me anyway!

I have spoken to the Courts and can not set the judgement aside because I didn't pay within 30 days of it's issue. It was almost 8 Weeks after the issue that I first learned of it.

Presently I have been forced to take the Solicitors to Court. I have just sent a cheque off for £65 for the hearing to take place.

I am a bit worried though, especially as it is a Solicitor I am taking to Court. Who knows what they may have up their sleeve as a defence.

Ideally I just want it set aside, people around me are saying I should go for some kind of compensation too.
I have been forced to open a savings account with a lower rate of interest due to the CCJ.
My Motor Insurance increased due to the CCJ (even though I paid it all in one lump!)

I have spent a small fortune on phone calls and devoted a significant amounts of both work and my own time to try to sort this out.

The Irony of all this, is that since my seperation I have never been so financially well off!

Hopefully the Judge will side with the "Little Bloke" but does anyone have any experience of this or any advice??

Thanks for any replies.

edit: I should mention I did pay the bill directly to the Solicitors the same day I learned of it.

thesaint

There is a mechanism to have it re-heard because you were not aware of the proceedings(wrong address served).
Ask the court for more details.

CHR15

The Courts were not much help at all really.

I have spoken to them on a number of occasions. Basically, as it was outside the 30 days there is nothing they can do.

If the tennant had returned the invoice (not known at this address) it would have been okay. She didn't, although I have since found out she did open it and was aware of it.

My only option is to take the Solicitors to Court and explain in front of a Judge. He is the only one who can remove it (set it aside) now.

I am not too concerned about the money, I just want this CCJ never to have existed!

CHR15

I just recieved a letter form the Solicitors in question stating that I am no longer a client of theirs!

I was looking forward to getting this Court Case out of the way before formally Sacking them from my case!
I didn't sack them earlier so as not to antagonise them lol

Looks like the gloves are off and they are now aware we are off to Court.

Any Ideas how long it takes to get a Court date once the money has been paid??

revie01

Hi Chris

I was wondering what was the final outcome?

Exactly the same has just happened to me,didn't even know about it until I checked my credit report.

Wouldn't mind but it was my solicitor that advised me to move out.