Trying to clear CCJ but court won't respond – how do I escalate?

peterpieper123

Good morning.

Four years ago, I agreed to be a guarantor for a family member who didn't have an acceptable level of credit rating to rent a property. Unfortunately, this family member ended up owing the landlord money. I received a CCJ in the post and the money owed was removed from my bank account by the court and held in escrow. I attended the court case and agreed with the findings – the landlord was awarded the amount taken from my account and the case was closed.

Skip forward three years – I tried to take out some credit but was informed I had a CCJ hanging over me, as I still owed the landlord money (the amount which had been taken from my account...).

I contacted the court (Bow County Court, London) and informed them of the situation. They told me I had to contact the landlord to receive some form of confirmation of payment. So, I called the landlord and asked if they had indeed received the payment from the court's escrow account and that they weren't still out of pocket. The landlord agreed that they had received the money and that they weren't pursuing any further funds.

I scanned a copy of the bank statement, which showed the money had been removed from my account and transferred to the court's escrow account, and sent it to Bow County Court three weeks ago. I have repeatedly (politely) asked them to reply to my email to inform me how I can resolve the situation (and remove the CCJ, as the money was paid immediately) but the court aren't responding to me.

Is there somewhere/someone to which the court is accountable? I'd like to escalate this, as they don't seem to be interested in my situation and I'd like to resolve it as soon as possible. I have called the Court numerous times but they don't answer the phone – it's all very bizarre and frustrating!

Many thanks for any help you might be able to give!

fermi

HMCS complaints procedure: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Odd about the phone, unless you are calling out of their hours?

https://courttribunalfinder.service.gov.uk/courts/bow-county-court-and-family-court?q=bow

peterpieper123

No, definitely calling during office hours – not great at all.

Thank you for the links!

fermi

You could formally apply for a certificate of satisfaction? You shouldn't need to, as they should mark it satisfied if they are given evidence, but putting it the form and paying the fee for that may force them to do something if you get nowhere any other way?

Thrugelmir

peterpieper123 wrote: »

They told me I had to contact the landlord to receive some form of confirmation of payment. So, I called the landlord and asked if they had indeed received the payment from the court's escrow account and that they weren't still out of pocket. The landlord agreed that they had received the money and that they weren't pursuing any further funds.

What has the Landlord provided you with? Ask the Landlord to write directly to the Court. Your bank statement does not provide adequate evidence.

peterpieper123

Oh, that sounds interesting! I wasn't aware of that, I'll check it out.

As the money was removed from my account before the hearing and 'paid' immediately (as they took the money), do you think they'll remove the CCJ from my record?

peterpieper123

Thrugelmir wrote: »

What has the Landlord provided you with? Ask the Landlord to write directly to the Court. Your bank statement does not provide adequate evidence.

Ahh... right. I don't think the landlord is interested in helping me, to be honest. I did tell the court this, after which, they said, 'If you are unable to get any confirmation from the Claimant, please provide copies of all evidence showing the payments sent to the Claimant and then the court will write to the Claimant requesting confirmation of such.'

So, I replied with the bank statement and asked if they wouldn't mind contacting the landlord – but I've received no reply from them :-(

fermi

There is fallback in cases where you can't get proof, as it would be absurd if the refusal of a creditor to help you meant it had to remain left unsatisfied on the register.

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n443-eng.pdf

peterpieper123

Oohh I like the sound of that! Thank you!

Let's hope they pull their finger out and contact the landlord.