Can I set aside the CCJ?

ucello25

Hi There

A little background . . .
I visited a family lawyer with regard to possible divorce proceedings against my husband. This was in July 2011 - I paid for the meeting promptly (in fact, I had to chase them to make payment). It was expressly agreed that any communication between us be made via email or telephone for which they were given full details. I did not instruct them further. However, in Dec 2011, I made a short phone call to the same solicitor to seek some prompt advice regarding a distressing situation at home - she followed the call with an email, which was kind of her but not requested.

Earlier this year I moved house - from London to the country. I was diligent to change my address promptly with all those whom I believed it to be relevant, including council tax, bank, DVLA etc. For any correspondence that I had missed, I set up a redirection service with Royal Mail in both my married and maiden names to cover all bases.

Jump forward to August 2013 and I receive an email from the solicitor out of the blue to say that a CCJ order had been made against me (by default) in May which was promptly expedited to a High Court writ. To quote her - "I hope you take this email in the spirit it is intended' - then to paraphrase 'bailiffs are after you, so pay up', rudely implying that I thought I could avoid payment, even though she was fully aware that I knew nothing about it.

I am told that letters were sent to my old address in my maiden name; then a 'letter before action' in April; followed by a court summons etc, etc. None of which I received, despite a redirection order in place with Royal Mail. Some items of mail were delivered to my old address, others are lost. I have of course raised a complaint with Royal Mail and have escalated this to the Postal Review Panel.

My questions is:
They tell me that they made 'reasonable attempts' to locate me when I failed to respond to their letters. Despite having current email and telephone numbers for me, they commenced legal action without contacting me via these customary methods first. In May 2013 she instructed a 'locator' to find me - still no call or email direct to me despite both being on file and up to date. If there was genuine intent to 'locate' me a quick phone call would have located me in seconds.

They tell me that under [FONT=Calibri, Verdana, Helvetica, Arial]Rule 6.18 of the Civil Procedure Rules[/FONT], that they are allowed to serve papers to an old address. But they did so with pretty certain knowledge that I had moved. They are - in effect - hiding behind this Rule, not upholding it in a rightful and honest manner. Two letters were returned to them stating 'not at this address' - still she proceeded to expedite the order to the High Court. Only now, when HCE enforces have been appointed, has she sent me (what she describes as a courtesy) email. Proof, in itself, that she was always able to make contact.

They tell me that I have no grounds to apply to have the order set aside and that they will continue to enforce the debt.

This is not a question of money - I would have very happily settled in full if a polite heads up had been given prior to legal action and I am very happy to pay the original bill now. However, I am reluctant to settle unnecessary legal fees - the bill now stands at £1200.

I vehemently reject that they made 'reasonable efforts' to locate me as they had up-to date details on file, albeit tel and email. I believe that they have behaved unethically by favouring financial reward over integrity - 'shall we call this girl, or sue her?' Solicior's are bound by a code of conduct, but they have clearly stepped outside of it.

Do I have a case to set it aside or not? And how can I delay HSE enforcement officers?

Many thanks in advance . .

Tixy

You say you paid their initial bill?
What does the debt relate to?
Do you agree that the debt was/is owed?

bengal-stripe

Tixy wrote: »

What does the debt relate to?
Do you agree that the debt was/is owed?

Presumably it is this phone call some five months later, which might not even have been a follow-up to the original issue, but could have been about a new and totally unrelated problem. OP asked for advice and solicitor gave advice. This was regarded and charged as a consultation. First rule in dealing with solicitors: Advice never comes free!

ucello25 wrote: »

This was in July 2011 - I paid for the meeting promptly.......However, in Dec 2011, I made a short phone call to the same solicitor to seek some prompt advice regarding a distressing situation at home.

ucello25

I paid their first bill promptly in full - for the 'introduction' meeting in July 2011. I was not aware of the second bill until this month.

The debt relates to a telephone call and an email made in Dec 2011 - I am told but I haven't yet seen the bill.

If they want to bill me for the phone call that I made, then yes, I am very happy to pay it. If they had called me prior to proceeding with legal action, I would have paid it immediately.

ucello25

Thanks.

Yes. Totally agree. I would expect them to have billed me and I would have been happy to pay. But to date, I still do not have a copy of the bill.

That isn't my grievance.

spacey2012

File court form n244