First CCJ - response not received as wrong e-mail given! Already onto baliffs help!

BadLuckBetty

Hi, please help, never had any problems before.
In response to a County Court Business Centre claim, I rang first, then took down the e-mail ccbacaq@ hmcts.gsi.gov.uk


Just before Christmas, I should have chased up sooner as I haven't heard a response, I've rang today, and the e-mail address is wrong (should be ccbcaq@) and as they didn't receive a response, judgement was ruled against me on January 6ht, and it is now in the hands of the bailiffs!!


They cannot stop the bailiffs, and will listen to the call records to see if I was given the wrong e-mail or if I have typed it wrong. I honestly don't know, I believe I read it back to her.
This can take 10 days, and the bailiffs could visit within this time & I can't stop them


Do I have any chance in hell with this? And now more costs, and I e-mailed. I have forwarded the e-mail on today, so they c an see evidence that I did e-mail. I never received a bounce back either, so I would have thought received.
Absolutely fuming with myself for not chasing, just so much on with Christmas and family member in hospital, it was left


Please help!

National_Debtline

Hi

Try not to worry, it’s not too late to deal with this.

Were you admitting liability for the debt and offering an instalment plan or did you want to defend?

To admit liability, apply for an instalment order and also suspend the bailiff warrant you would use court form N245. There is a fee of £50 unless you qualify for fee remission. To dispute liability you’ll need to apply to set aside the judgement.

James
@natdebtline

fatbelly

The court has told you it's already with bailiffs?

Seems a bit odd.

If you did not respond then it is correct that a 'forthwith' judgement is issued but that normally requires payment within 28 days and the creditor would not ask for a warrant of control immediately.

All bailiffs have to pre-notify you now (I think it's 10 days notice of a visit) so they will not 'just turn up'

Were you trying to defend this or get an instalment order? If the former, you need to apply for set-aside on a N244. If the latter, an N245 will work to suspend the warrant and vary the order.

BadLuckBetty

I was defending, I wrote a very long explanation of why, but today I've spoken to Step Change who told me my defence was not valid, as despite the transaction for a 'technical support contract' which I didn't know had an auto renew on it, and being talked through the process over the phone, my transaction was online, and I ticked a T&Cs box. The T&Cs stated it would auto renew after 12months, and I'd have to pay another £275. I did tick the box, I am liable, and I should have just paid :-(

BadLuckBetty

Yes, :-(
I rang the court today, as I had heard nothing since my e-mail 14/12/16
They told me no e-mail was received, so it went to court Jan 6th, and she gave me the name of my local town bailiffs whose hands it is now in. She told me they could visit at any time.
I asked if she could put that on hold for the 10 working days while they investigate whether I was given the wrong e-mail address, she said no.


The bill is now
£275
Interest £7.85
Costs & Fees £176.25
Total 459.10


I wish I had just paid at the start, I just felt the company was in the wrong, they talked me through the steps online, not explaining the auto renewal. As soon as I got a bill for the next £275 I replied by e-mail I did not wish to continue the service. Despite several phone calls there was no budging :-(

National_Debtline

If you no longer want to defend you can avoid the CCJ being registered on your credit file if you can pay the full balance within one month of the judgement being made. Otherwise use the N245 as mentioned above.

County court bailiffs can’t force entry into your home as long as you don’t let them inside in the first place. Keep any vehicle you own in a garage or well out of the way until the matter is resolved. Bailiffs need to leave a notice of enforcement and allow at least 7 days notice before they can attend.

This factsheet covers varying a CCJ to instalments and you can use the same form to suspend the bailiff warrant:

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

James
@natdebtline

sourcrates

Agree with Fatbelly here, a debt that's gone to CCB immediately after judgement seems odd to me ?

You don't mention receiving a claim form, just something about an email address, you don't normally deal with a court claim by email.

Your post is missing a fair bit of detail, can you fill in the gaps ?

BadLuckBetty

Hi,
Claim form was received over 14days from the date, my neighbour had some of my post,
I rang the court, they advised e-mailing.
E-mail address given was wrong.
So my defense was never received :-(
Judgement against me on Jan 6th
I've rang today, and yes I was told it is now with the bailiffs, and told their location ('My town' county court) and there was nothing they could do, even with them having 10 working days to investigate the wrong e-mail address given.

This afternoon I now have post from a solicitor stating
We have been instructed by our above named Client to proceed to Judgement and Execution upon the County Court Claim issued in this matter, as neither full payment nor a Defence has been received by us.

If I pay now, am I really liable for all those extra charges? The original bill was only £240, but the debt amount listed is £275 plus costs & fees etc above.

Thanks

National_Debtline

You’ll need to pay the amount stated for the CCJ. It’s not unusual to have extra costs and interest added on to the original debt amount when court action is taken. To verify whether those costs are correct you’d need legal advice.

If the court staff did give you incorrect contact details you could complain to the court manager. Bear in mind that if you did have a defence hearing and you were unsuccessful the court may have added even more costs on.

James
@natdebtline

fatbelly

BadLuckBetty wrote: »

Hi,
Claim form was received over 14days from the date, my neighbour had some of my post,
I rang the court, they advised e-mailing.
E-mail address given was wrong.
So my defense was never received :-(
Judgement against me on Jan 6th
I've rang today, and yes I was told it is now with the bailiffs, and told their location ('My town' county court) and there was nothing they could do, even with them having 10 working days to investigate the wrong e-mail address given.

This afternoon I now have post from a solicitor stating
We have been instructed by our above named Client to proceed to Judgement and Execution upon the County Court Claim issued in this matter, as neither full payment nor a Defence has been received by us.

Then it's not gone to bailiffs yet, from the way that is phrased.

I think you have had poor treatment by the court from start to finish, and your username seems apt.

It may be pragmatic to pay this off now to stop the ccj from being recorded.

You should complain about the court. They appear to have given wrong advice on where to send your defence (was this not Northampton court where you could have done this online?) and told you it was with bailiffs when it wasn't. Did they also send the claim to the wrong place or was that the postman?

BadLuckBetty

I agree, the whole situation is crazy from start to finish! I feel gutted and ripped off!
It was Northampton court, the 2 people I have spoken to both did not care, and did not want to be there. They had no interest in helping me, only to get off the phone.

The postman delivered next door, that is not their fault. But I could not cope today when they told me its already in the hands of the bailiffs! Crying in front of my children, which I am mortified by, but I was in shock and not expecting that information!

I have been given the personal name of the person I have to pay at the original company, a woman who told me I was an idiot, and if the person on the phone (who talked me through the original transaction) had told me to jump off a cliff would I have done so willingly? I have to grovel to her now to pay over the phone as I don't have a cheque book.

Gone are the days of nice, kind, honest people, it's about conning and being rude

(Except MSE )