CCJ issued against me saying I hadn't responded but I had

misty

Hi
I'm not sure if this is the right place to put this but I couldn't find anywhere specifically that had ccj

I was recently sent a court summons about an old debt to an ex landlord. It had various options attached to it. The option I chose was that I disputed part of the amount. I stated the amount I agreed I owed, attached relevant info and enclosed a letter and a statement of earnings and outgoings. I sent it all in within the time limit and sent it recorded delivery.

Today, I've come home from work and I've received a letter from the court saying as I hadn't responded they were finiding against me and telling me to pay 160 per month.

I did respond and I have the proof of recorded delivery. Everywhere is shut now and my question is now they've found against me is there anything I can do? I didn't photocopy the info I sent but I do have the proof of recorded delivery. Apart from not being able to afford the amount they're asking for, I dispute some of it and responded.

If anyone can help I'd appreciate it. Once it's gone against me is it too late?

Thanks

nottoolate

did you send the n9b form to the court or the creditor?

if you dispute part of what is claimed then you must send it to the court. not the creditor.

misty

Hi
Yes, I sent it directly to the court. I sent in a form that you fill in to say you accept part of the debt, I sent in something that you fill in with your income and expenditure ( may have been on same form) and I sent in an additional letter to dispute the amount if there wasn't enough room on the form to say what you needed to say. I sent it all in recorded delivery. I've checked the recorded delivery slip and although it doesn't have the address on it has the postcode on of the court.

nottoolate

someone at the court has ballzed things up then

you need to get in touch with them on monday to give them an ear bashing and sort it out.

DVardysShadow

As you sent papers recorded delivery, check the tracking number on RM's website.

misty

Hi
I've checked on the royal mail site and it was signed for the day after I posted it. I've rang the court and they said they sign for a bag of stuff rather than individual items. The only suggestion they had was that I appeal which it states on the form originally sent to me but there is an a £80 fee to do this which I don't think is acceptable. They said I may be able to reclaim this but even so I don't have that sort of money in the first place to pay it.

I sent the stuff in on time and Recorded delivery - what was the point if they can lose it and then just tell me I need to pay to appeal.

Also the first payment in the judgement is due on the 16 th of June and I don't want them to accuse me of missing a payment which I cant afford. I admitted part of the money asked for and I don't want to make any payments until this is sorted.

Has anyone got any suggestions. I am skint and cannot afford to pay the £80 which is why I submitted all the forms initially.
Thanks.

DVardysShadow

http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/courts-and-legal-services/complaints-about-the-courts.html

may provide some useful information. There appears to be a complaints service and although HMCS signed for a bag, the fact that your letter was listed on the schedule for the bag and they signed for the bag means thta they shhould accept that they recieved it. Certainly, this is the standard they would apply to anyone else

custardy

misty wrote: »

Hi
I've checked on the royal mail site and it was signed for the day after I posted it. I've rang the court and they said they sign for a bag of stuff rather than individual items. The only suggestion they had was that I appeal which it states on the form originally sent to me but there is an a £80 fee to do this which I don't think is acceptable. They said I may be able to reclaim this but even so I don't have that sort of money in the first place to pay it.

I sent the stuff in on time and Recorded delivery - what was the point if they can lose it and then just tell me I need to pay to appeal.

Also the first payment in the judgement is due on the 16 th of June and I don't want them to accuse me of missing a payment which I cant afford. I admitted part of the money asked for and I don't want to make any payments until this is sorted.

Has anyone got any suggestions. I am skint and cannot afford to pay the £80 which is why I submitted all the forms initially.
Thanks.

if it updated as signed for then they signed and accepted the item(s).
If they choose not to check what they actuyallu sign for then thats not your problem.

nottoolate

misty wrote: »

Hi
I've checked on the royal mail site and it was signed for the day after I posted it. I've rang the court and they said they sign for a bag of stuff rather than individual items. The only suggestion they had was that I appeal which it states on the form originally sent to me but there is an a £80 fee to do this which I don't think is acceptable. They said I may be able to reclaim this but even so I don't have that sort of money in the first place to pay it.

not acceptable. its their fault.

have you talked to the actual court manager?

misty

Hi
the first person I spoke to was a woman - she was the person who answered the phone. She was pleasant but basically that was what she said. I said it was unacceptable, I had done my bit and what was the next step? She said I could put in a complaint and would give me the address to write to. I said I didn't want to write in because for one reason, the first payment is due on the 16th of June and I need it dealing with before it looks as if I have defaulted on the payment.

She got someone to ring me back and I think he said he was the court manager. He was basically unhelpful and unpleasant. He said they used to sign for individual items but don't now, they sign for bags of stuff as it wasn't cost effective to do it individually. He said the complaints dept would only say what he was saying and the complaints process takes about ten days. He said take it up with Royal Mail - as they had failed to deliver it. I pointed out - the court had signed to say they had. He basically then said how many times do you want me to say the same thing. If we'd received it, we'd have processed it. He said there was nothing he could do.

DVardysShadow

By phoning on an issue like this and making it clear that you do not want to write, you have invited yourself to the fob off department, which gave you the right royal fobbing off you laid yourself open to.

Your choices are to send in a written complaint or let the matter drop.