CCJ for services not received

lam09

Hi

My friend has just tried to get credit to discover she has a CCJ she knew nothing about.

Her son was booked to attend an after school club for 3 days (£12 per session). She completed a single page registration form, (not a contract - there were no T&C's on there), and then subsequently emailed to say she wasnt going to use it afterall a week before he was due to go.

She then moved to a new house and forgot all about it.

She has now found that she has a CCJ and has to pay something like £500 in costs.

My question is this:
1) how can a CCJ be considered with no contract for a service that wasn't received
2) how can the court apply it when she wasn't living at the address
3) her phone number was on the registration form and she hasnt changed that. Shouldn't reasonable attempts have been made by the provider and the courts to contact her to discuss the validity of this
4) Surely this should be immediately removed, but presumably she will not have to pay?

This is just horrendous.

[Deleted User]

She needs to find out exaclty what she signed and if additional information.

The 'services not received' argument won't work on its own, as most services will have cancellation processes and fees.

fermi

1) A CCJ is given without a hearing on the merits of the case if not defended. Judgement in default.

2) CCJ paperwork can be served to last known address

3) Possibly, but letters before claim etc should be written communication, which she probably did not get.

4) Not immediately. If she feels she has grounds then may have to apply to get it 'set aside'.

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

lam09

This is the entire "Contract"

Please return this Booking Form immediately. To qualify for the advance rate discount you must book a minimum of 3 days a week for the duration of the term, alternatively the daily rate is BC- £7.20/ ASC - £12.00
• Places are offered on receipt of the booking forms. If we are unable to offer you all the spaces requested you will be contacted via email to review your booking.
• Your first payment for the Autumn Term must be paid by 17 th July 2014 - You can log in to your account via your invoice or request a ‘Statement of Account’ at anytime.
• Yellow Birds is ONLY able to accept electronic payments (online/telephone banking and childcare vouchers).
We are unable to accept payments by cash or cheque
• One off days (charged at BC: £7.20/ASC: £12) can be booked daily- subject to availability.
• Children must be collected before 6pm: a late fee of £6 for every ten minutes or part of will apply thereafter.
• Late payments - fined £10 a week and can jeopardise your child’s place. We are unable to carry any arrears.
• ALL SUBMITTED BOOKING FORMS ARE FINAL - and families will be charged accordingly
If your child is unable to attend please contact us so that we can try our best to offer the place to someone else– refunds for non attendance are not guaranteed.
• All charges still apply if we are forced to close at short notice e.g. teacher strikes, bad weather
Signed………………………………………………………………………………………………………………………………… Date……………………………………………………

As you can see, it does not detail that:
a) in the event of absence or illness, payment of the full session is required.
or
b) say to sign and be bound by the contractual terms.

So I just can't see how this was enforced.

[Deleted User]

• ALL SUBMITTED BOOKING FORMS ARE FINAL - and families will be charged accordingly
If your child is unable to attend please contact us so that we can try our best to offer the place to someone else– refunds for non attendance are not guaranteed.

This is the bit they will be relying on. A little clunkily worded, but clearly the intention is to say that payment must be made once booked, regardless of attendance.

Whether it is strong enough to stand up to legal scrutiny is something your friend needs to decide if she wants to pursue.

lam09

My mistake that part above is not on the version she signed. Its on the newer versions which I copied and pasted. The PDF uneditable version she signed and has been provided with a copy of doesnt contain this. Sorry, it wont allow me to up load it because it says I cant link to documents because Im new to the forum.

So is that the only part that was legally binding (and if so, if not on her version, presume there's no recourse to action here?)