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lovetts debt recovery solicitors lied and issued CCJ wrongly! now wont remove the CCJ
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brookiebroo
Posts: 91 Forumite
hi im after some advise.
we missed a few payment when we changed bank accounts as they didn't automatically change the details as planned with my private maintenance company who charge us a fortune to live in a crap estate (EX MOD) but that's another issue. they sent the debt to their solicitor without discussing it with us because we were in process of complaining about the state of the area for what we are charged as others also have an issue with maintenance company who are part of newydd and cadarn. apparently us type are what they don't like dealing with so they said as we complain but we did get a bin finally put outside which was long overdue.
we discussed the payment plan with the lady and made first payment and have kept up to date ever since. I then went onto my credit score and seen they had issued us with a ccj after we had started and paid for the agreement! I have been emailing the lady in charge and she has sent proof of emails of her saying not to pursue with the CCJ to the solicitors.
it turned out that after we spoke to the very abrupt solicitors as we were not happy with the extra charges they charged us but we said fine add them to the payment plan. the lovetts solicitors wrote back which we have proof as the lady sent me copies of the emails stating we had refused to deal with the situation and they will proceed with CCJ as of 15th april. we had made our first payment on the 10th however so why they lied im unsure of...
we have asked them to remove it which they will not do unless we sign something to say that it was our fault and its a gesture of good will that they will remove it. thing is im not willing to accept liability as in the statement it states if we miss one payment they can issue the CCJ again and I don't trust this company anymore. its been a year of getting nowhere with them as I didn't know they had issued the CCJ until months later when I was applying for credit and couldn't get anything and now our credit score is non existent. I run a business and cant get finance, im a mortgage owner and can re mortgage and my term ran our 6 months ago. I want reasonable compensation for the stress and lies they have told. it was their mistake so they should make amends. I know im being stubborn but when iv done nothing wrong and have proof they lied and shouldn't have issued the CCJ I don't want companies like this to get away with doing this to someone els!
what are your thoughts on what I can do?
we missed a few payment when we changed bank accounts as they didn't automatically change the details as planned with my private maintenance company who charge us a fortune to live in a crap estate (EX MOD) but that's another issue. they sent the debt to their solicitor without discussing it with us because we were in process of complaining about the state of the area for what we are charged as others also have an issue with maintenance company who are part of newydd and cadarn. apparently us type are what they don't like dealing with so they said as we complain but we did get a bin finally put outside which was long overdue.
we discussed the payment plan with the lady and made first payment and have kept up to date ever since. I then went onto my credit score and seen they had issued us with a ccj after we had started and paid for the agreement! I have been emailing the lady in charge and she has sent proof of emails of her saying not to pursue with the CCJ to the solicitors.
it turned out that after we spoke to the very abrupt solicitors as we were not happy with the extra charges they charged us but we said fine add them to the payment plan. the lovetts solicitors wrote back which we have proof as the lady sent me copies of the emails stating we had refused to deal with the situation and they will proceed with CCJ as of 15th april. we had made our first payment on the 10th however so why they lied im unsure of...
we have asked them to remove it which they will not do unless we sign something to say that it was our fault and its a gesture of good will that they will remove it. thing is im not willing to accept liability as in the statement it states if we miss one payment they can issue the CCJ again and I don't trust this company anymore. its been a year of getting nowhere with them as I didn't know they had issued the CCJ until months later when I was applying for credit and couldn't get anything and now our credit score is non existent. I run a business and cant get finance, im a mortgage owner and can re mortgage and my term ran our 6 months ago. I want reasonable compensation for the stress and lies they have told. it was their mistake so they should make amends. I know im being stubborn but when iv done nothing wrong and have proof they lied and shouldn't have issued the CCJ I don't want companies like this to get away with doing this to someone els!
what are your thoughts on what I can do?
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Comments
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Hi
Did you receive the court papers prior to the CCJ being issued? did you complete the court form and respond?
The only way to remove a CCJ is to apply to the court for it to be set aside - and you would need to provide the court with a reason for it to be set aside. This factsheet may help - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_courtA smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
Hi
Did you receive the court papers prior to the CCJ being issued? did you complete the court form and respond?
The only way to remove a CCJ is to apply to the court for it to be set aside - and you would need to provide the court with a reason for it to be set aside. This factsheet may help - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
we never received anything from court that was also our argument as they don't legally have to send them recorded for proof of delivery apparently. and we all know what happens with royal mail, its never guaranteed to turn up. we have spoken to out solicitor and they have agree they had no right to pursue as payment and arrangement had been made before they even applied to the courts.0 -
If you never received the court papers claim form and have only just found about at the CCJ then that may be a case for getting the judgement set aside - but you need to make the application to do so direct to the court.
That said you mention you saw copies of emails referring to a CCJ so if you had sent any emails yourself are you sure these don't refer to the court action (as obviously if you had this could make the judge think you were aware of it)A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
If you never received the court papers claim form and have only just found about at the CCJ then that may be a case for getting the judgement set aside - but you need to make the application to do so direct to the court.
That said you mention you saw copies of emails referring to a CCJ so if you had sent any emails yourself are you sure these don't refer to the court action (as obviously if you had this could make the judge think you were aware of it)
we got sent the proof of correspondence between the maintenance and the solicitor after we had found out about the ccj on our records. so we have never had any warning. but it should never have happened in the first place and even the maintenance team have said this in writing but still wont take responsibility and do the right thing. surely its illegal to submit a CCJ to someone who is paying their bills? as they have done so wrongly and given false information.0 -
surely its illegal to submit a CCJ to someone who is paying their bills? as they have done so wrongly and given false information.
If a creditor is not happy with your repayment proposal then they can commence court action against you. It is then down to a judge to decide if the money is owed. If they agree it is then the CCJ would be granted but the judge may well direct that the debt is repaid in installments (though a CCJ would still be registered).
Anyone can commence court action against anyone and that is not illegal. It is then down to a judge to decide if a debt is owed.but still wont take responsibility and do the right thing
Once it has been to court and a CCJ granted then they cannot do anything - you need to put in a set aside application if you want to get the judgement set aside.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
If a creditor is not happy with your repayment proposal then they can commence court action against you. It is then down to a judge to decide if the money is owed. If they agree it is then the CCJ would be granted but the judge may well direct that the debt is repaid in installments (though a CCJ would still be registered).
Anyone can commence court action against anyone and that is not illegal. It is then down to a judge to decide if a debt is owed.
Once it has been to court and a CCJ granted then they cannot do anything - you need to put in a set aside application if you want to get the judgement set aside.
I get what your saying but we had made payment before they even took it to court for ccj so we owed nothing. how can they issue ccj if we have done our part?
also how can they do it if the company told them not too?!0 -
If the whole debt was fully paid before the court date then that would have been an absolute defence. As such it would also be an absolute argument for having the debt set aside.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0
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