CCJ without knowing

arcon5

DVardysShadow wrote: »

I would be interested to know when the CCJ was obtained - I have a funny suspicion that they delayed responding to the March letter while they finished off getting the CCJ. If that is the case, to my mind, it is abuse of process.

That's what I was thinking. Once they realised their mistake they had already spent money issuing a claim and knew if op realised it would be defended!

mynameistallulah

W17yne wrote: »

Hi , yes when I found out about the ccj it had already been issued I spoken the house builder solicitor they where not interested and have since ignored my e-mails.

The initial management company where not great badly organised I can see why they had been changed.

When we found out that the ccj had been issued we had 14 days to get the money.

We had to pay there cost of £800 and now we have to pay to get it resolved, I don't think this is fair how can I go about getting this resolved?

You made no telephone contact with them until you were aware of the CCJ - why not?

I am in a leasehold property, I know I have to pay the service charge every six months. If I do not receive my bill I contact them, in the same way that I would do with any utility bill. You need to accept some responsibility here.

DVardysShadow

mynameistallulah wrote: »

You made no telephone contact with them until you were aware of the CCJ - why not?

I am in a leasehold property, I know I have to pay the service charge every six months. If I do not receive my bill I contact them, in the same way that I would do with any utility bill. You need to accept some responsibility here.

OP has accepted responsibility and contacted them. They meanwhile have shafted him by going through court proceedings without sending papers to the address they should have had for him.

W17yne

HI All,

It contact them on March with Not response
The CCJ was issues 31/03/12
All correspondents where issued to my old address.

When I found out they had changed manangemnet companies I sent them a letter recorded delivery 15/03/12 i could not have contact them prior as I never new they had changed companes,

what should I do now set a side order?

Thanks

mynameistallulah

DVardysShadow wrote: »

OP has accepted responsibility and contacted them. They meanwhile have shafted him by going through court proceedings without sending papers to the address they should have had for him.

He has contacted after the event. He should have contacted them as soon as he realised his bill was late, and has failed to explain why he did not do this.

DVardysShadow

mynameistallulah wrote: »

He has contacted after the event. He should have contacted them as soon as he realised his bill was late, and has failed to explain why he did not do this.

Regardless, they had his address, they did not write to him at his last known correspondence address. And from the dates we see, they [almost certainly] received his letter before the CCJ was issued and they should not have continued with the CCJ. The management company have behaved in an outrageous way.

If they did not write to him at the address he had given, you cannot criticise the OP for only contacting them after the event.

DVardysShadow

W17yne wrote: »

HI All,

It contact them on March with Not response
The CCJ was issues 31/03/12
All correspondents where issued to my old address.

When I found out they had changed manangemnet companies I sent them a letter recorded delivery 15/03/12 i could not have contact them prior as I never new they had changed companes,

what should I do now set a side order?

Thanks

Google on 'set aside order' for the procedure. Or ask on the Debt Free Wannabe section - who have the expertise. I think that part of your complaint should be that you sent a letter recorded on 15 March and they still proceeded to get a CCJ without affording you the opportunity to defend. For this alone, you should ask for costs to be set aside.

Do you still have your recorded delivery slip and a copy of your letter? Do check on the Royal Mail site for whether the recorded delivery was signed for.

ThumbRemote

mynameistallulah wrote: »

He has contacted after the event. He should have contacted them as soon as he realised his bill was late, and has failed to explain why he did not do this.

Complete rubbish.

He had no reason to contact them before the event.
He did contact them when he realised the bill was late.
Despite this, they pursued a CCJ against him

Stan_Here

You must get the judgement set aside otherwise this information will be part of your credit history. With a CCJ you have a specific period to respond either to admit the debt or defend it and if you do not respond the plaintiff can then enter judgement against you and it is at that stage that your credit record will be damaged.

Although you have had a CCJ issued against you it is not clear whether judgement has been made but I assume that the end of month you referred to was April and therefore this may well be in the process of being issued either by the plaintiff, or if already done, being processed by the Court. You need to either defend, if no judgement has been made, or, as is more likely, immediately apply for Judgement to be set aside.

In your application for this, you will be able to provide full information about what has happened, evidence of knowledge of your address by the previous management company and also provide details of your contacts with the current company. This will be considered by the Court at a Hearing which you must attend to ensure that your interests are represented as it is likely that the plaintiff's solicitors will be there trying to prove the debt and also clock up more hours which they will want to charge you.