PRAC Financial / BW Legal CCJ Set Aside

Modworld

Hello Everyone,

I wondered if I have any good prospects of claiming back money for a court fee for setting a judgment aside successfully. Was being chased for a non-existent debt.

Long story short, I had a money shop loan back from 2013 which I defaulted on, however, got my stuff together and contacted all lenders which I had borrowed from and settled all debts in 2014. When contacting Money Shop back 2014 to request my balance owed, they promptly replied with the information and additionally offered to satisfy it if I only paid an XXX amount. Sorted!!!

2018 - I get letters from BW Legal telling me I owe money to PRAC Financial aka The Money Shop. I called them explaining it all and that it was long settled. Sent them email communications that had taken part along with the extract of my bank account where the monies had been taken out. They claimed my evidence seemed "fake" and demanded full bank statements. I replied politely "Go F*** yourselves". After 7 months of ignoring them, I received court papers, however, I hadn't acted on them. Thinking it was some scam as it came from the County Court Business Center, also, I was on sick leave so could not attend a hearing either way. However, I could have counterclaimed by writing, I know, my fault. So a CCJ was ruled against me and an order set for me to pay.

I later filed a form to set the judgement aside, paid the court fee, had my hearing, presented my evidence and won the case and had my CCJ judgment set aside.

Any chance to claim that I was wrongfully accused and judged and claim compensation for for financial losses?

Thank you all.

fatbelly

Yes, but nothing is guaranteed here.

What do PRAC say hey are going to do now? If they continue with their claim you can defend and counterclaim.

If they have served a notice of discontinuance you would have to start a new claim against them, just for your losses.

Modworld

Hi,

I haven't yet contacted PRAC with any demands of payments. They where a "no show" at the court hearing.

I did receive a letter from BW legal stating no monies is owed to their client, also no further action will be taken from their end to peruse any further action. Basically, they say matter closed.

fatbelly

OK. The standard fee is £255 - is that what you paid?

It's a bit of a problem that you did not defend the claim but got a default judgement. They will probably say that you incurred that charge through your own fault.

But it would do no harm to set out your losses and ask them to reimburse you. Finish the letter: if I do not receive payment within 21 days I will start county court action against you.

See how they respond.

Modworld

Yeap, that was the fee. I feel the same way about not defending right then and there. But thinking having a valid sick note at that time might have excused me a bit.

I will send them a letter over the weekend.

Thanks.

WhenIam64

I later filed a form to set the judgement aside, paid the court fee, had my hearing, presented my evidence and won the case and had my CCJ judgment set aside.

They will probably say that you incurred that charge through your own fault.

Whatever PRAC/BW think is immaterial. The judge will have commented on costs i.e. the £255 at the set-aside hearing. They usually "reserve" judgement - leaving it to the next hearing to decide. So if the next hearing doesn't happen, then the costs issue doesn't get raised.

BW and others have default CCJ's as a business method. It happens so often as people don't have redirection for the 6 years that BW can use to mount a claim. BW know this so just churn out claims to addresses where people no longer live. There has been MoJ consultation about it as the courts are getting a bit weary of people coming there and not getting justice with regards to a rehearing.

fatbelly

In this case, it sounds like PRAC did send the claim to the right address - however, it was speculative because they knew there was a defence. It's just that the OP did not put the defence in because they were sick.

There would have to be a new claim now for the costs and it would probably go to a hearing. That could go either way.

But they might settle for a smaller sum to avoid that hearing