CCJ set aside

dayc1978

Hello everyone,

back in 2013 i was taken to court by national grid for going through a gas pipe whilst gardening the gas pipe was only about 9" deep, anyway i was contesting the claim with national grid saying that the pipe should of been lower in the ground but they were saying that i was a contractor and should of got plans to see where the gas pipes were, anyway the next thing i know is ihave a letter come through from northampton court saying that national grid had appointed irwin mitchell solicitors to take me court and i had to pay or receive a ccj. so i contacted irwin mitchell to see what was going on but all they said i have to pay or the court will sebd baliffs round to take property, so even though my gut was saying that this is wrong i shouldnt be paying for this i contacted my home insurance and thankfully it was covered. this is where is gets a little head banging,irwin mitchell was already working for us on a case where my wife had been involved in a car acciedent. well i rang up to pay the bill and during this i said to the chap i was dealing with that irwin mitchell they were already working for us when the phone call went silent and he said oh i dont think we can carry on with this as its conflict of interested anyway they didnt come back untill the 28 days to pay was over which meant me having a ccj but satisfied. ive only just learnt about if i had paid within 28 days the ccj would of never been on my credit file. anyhow im going to try and get the ccj set aside i have all the information in writing saying that irwin mitchell told me to hold off paying and when they came back and said it was ok to pay.

so after all that boring stuff my question is do you think that i would have a good case and fingers crossed get my ccj set aside?

sorry to have bored you all

Marktheshark

Why did you not read what was written on the court papers ?
That is what you had to do, you do not contact anyone else but the court.

dayc1978

as soon as the papers came through i rang the court they told me it had been sent to company called high court enforcement who were the baliffs i rang them then i found out irwin mitchell had took me to court, when i paid i didnt much more about it untill now it was back in feb/march 2013 all this

Marktheshark

So, you are saying you never received the court claim form instructing you they had filed a claim you had to defend.

dayc1978

no never i did say this to the court but the responce i got well you have prove that you didnt get them they dont have to prove they sent them

matttye

dayc1978 wrote: »

no never i did say this to the court but the responce i got well you have prove that you didnt get them they dont have to prove they sent them

Whoever you spoke to at the court is an imbecile. How can you prove you didn't receive something unless you can show that (a) the alleged sender didn't send it or (b) the alleged sender sent it to the wrong address? Both of which would require the alleged sender to prove they sent them.

:T

dayc1978

That's what I said but they don't send anything by recorded delivery which I find really stupid when it's something so important, but I just had to deal with it

matttye

dayc1978 wrote: »

That's what I said but they don't send anything by recorded delivery which I find really stupid when it's something so important, but I just had to deal with it

I don't think they do have to send it recorded but they do have to send it to your last known address.

One of the reasons for having a CCJ set aside is that the sender sent it to the wrong address, so yes they do have to be able to show where they sent it to (but not that it was actually delivered). A copy letter on their file showing they had sent it would be enough.

dayc1978

I think the way I'm going is to get it set aside due to being told not to pay until the conflict of interest has been sorted I paid a couple of days over the 28 because of this, I don't think going down the route of blaming the court is going to get me anywhere.

Thrugelmir

dayc1978 wrote: »

anyway the next thing i know is ihave a letter come through from northampton courtsaying that national grid had appointed irwin mitchell solicitors to take me court

Sounds as if these were the Court papers. That you should have responded to. Certainly wasn't a letter you received.

dayc1978

Do you think I will get it set aside because of irwin Mitchell holding me back from paying though?