Overturn CCJ

sponsoredbycatfood

Hi,

Sorry if this is a duplicate thread.

I received a CCJ from a silly woman who runs the 'trust' of the development I live in. I refused to pay for the services which are supposedly being provided, as she can't justify why she's paid £30,000 a year, by the residents, to work a part-time job. The website isn't kept up to date, when my windows were re-stained, they got stain all over the window and she then refused to get them cleaned up. So until the remedials were carried out, I refused to pay.

She raised a CCJ against me! The agreement with the trust is in mine and my ex's name. She only raised the CCJ against me, yet letters are still in both my name and my ex's. I had also emailed her saying that I would agree to pay, and once payments were up to date, I wanted the remedials sorted.

Would that give me a basis to get the CCJ overturned? When I spoke to her at the time, she laughed when she said she'd raised a CCJ, and said there was nothing I could do, even if I tried to overturn it, she 'knew people' and it wouldn't be overturned.

Any help or advice would be great

Lisa

antrobus

sponsoredbycatfood wrote: »

....She raised a CCJ against me! ....

Individuals can't 'raise' CCJs. Only a County Court can issue one, once a case is decided. Are you sure it's an actual CCJ and not just a piece of paper mocked up to look like something official?

jacques_chirac

If you do not agree with your service charge you should challenge it at the Leasehold Valuation Tribunal. Refusing to pay will not do you any favours.

ValHaller

antrobus wrote: »

Individuals can't 'raise' CCJs. Only a County Court can issue one, once a case is decided. Are you sure it's an actual CCJ and not just a piece of paper mocked up to look like something official?

sponsoredbycatfood I love the user name!

Now, I have to ask, what makes you think you have a CCJ? You are obviously somewhat naive about the process, so anything could have happened from it being an idle threat to a Judgement being given against you. What you need to do depends very much on what has happened so far, so you answer is important.

sponsoredbycatfood

I can categorically say it's a CCJ - I may be naive but I'm not stupid!

She is the only one who works at the 'trust,' it's a limited company.

My house is a freehold, not a leasehold, but I'll look into that, thanks.

Any advice on whether I can get it overturned???

Thanks,
Lisa

ValHaller

sponsoredbycatfood wrote: »

I can categorically say it's a CCJ - I may be naive but I'm not stupid!

A little bit more detail would be very helpful. The question about why you think you have a CCJ is because there are many who come here not understanding the process so the wrong advice is given - and sometimes the process is not followed, which is the best avenue for overturning a CCJ.


Did you receive paperwork from the court? Did you have an opportunity to defend?

sponsoredbycatfood

I received the paperwork, and when I questioned it with the trust, she said there was no point paying the £80 to get it overturned, as she 'knew people' so it would be thrown out. It's on my credit file so definitely a CCJ.

This was about a year ago though. Now I need to get my partner off the mortgage and I'm worried that I won't be able to, with the CCJ. I've also learnt that this woman at the trust talks a lot of bull. So thinking it might be worthwhile trying to get it overturned.

Lisa

ValHaller

So you didn't file a defence but you received to court papers. You have been mugged - you had your chance to defend and you didn't. Game over. I cannot think of any grounds to defend.

Unless you are saying you got the judgement but you did not get the paperwork giving you notice of the court action.

Thrugelmir

sponsoredbycatfood wrote: »

I've also learnt that this woman at the trust talks a lot of bull.

What you think of her has no relevance. You failed to dispute the debt in the correct manner. Whereas in enforcing the debt she did. So not as stupid as you might think she is.

sponsoredbycatfood

She's not stupid, she earns £30,000 a year doing a part-time job - definitely not stupid!

So there's no way I can appeal it now, given that I know she can't just 'know people' to get it to stick? She should've raised it in mine and my ex's name, but she shouldn't have raised it at all, given that I'd agreed to pay, in exchange for her cooperation?

jmaddison_2

Do you remember getting a Court Summons? Did it come recorded delivery? If not and you never responded to any Summons, and there is no evidence they can show that you received the Summons, then maybe you didn't get it? Then may be there are grounds to try to get the judgement cancelled. In which case ask a solicitor what your rights are.