Wrongly filed CCJ

Mossfinn

My daughter was in dispute with a parking company over a ticket and elected to fight them in court. Unfortunately she got confused by the paperwork, missed a deadline and the solicitors, BW Legal won judgement by default.

As soon as the court papers arrived, she phoned BW Legal and paid the sum in full and as it was within the 14 days, no CCJ should have been filed.

Six months later, whilst in the process of changing her car, she was told a CCJ was filed against her for this judgement. After numerous phone calls to BW Legal, she was told they ‘forgot’ to inform the court of settlement and took two weeks of chasing to get them to contact the court.

Prior to this , her credit record was spotless but now BMW finance have refused credit and after paying £1000 deposit on an X5 with £9000 discount, she is scrambling to replace her car when the lease expires in a few months.

Does she have any redress against BW Legal.

Thanks.

Paul_DNAP

Not sure what you mean by "redress" but all she can push for is that the CCJ is correctly removed rather than marked as settled.

boo_star

Paul_DNAP wrote: »

Not sure what you mean by "redress" but all she can push for is that the CCJ is correctly removed rather than marked as settled.

If they didn't contact the court to inform them that the CCJ had been paid and she has suffered a material loss (the deposit) she could sue for the loss of deposit. Whether she'd win or not is a different matter...

[Deleted User]

Mossfinn wrote: »

My daughter was in dispute with a parking company over a ticket and elected to fight them in court. Unfortunately she got confused by the paperwork, missed a deadline and the solicitors, BW Legal won judgement by default.

As soon as the court papers arrived, she phoned BW Legal and paid the sum in full and as it was within the 14 days, no CCJ should have been filed.

Six months later, whilst in the process of changing her car, she was told a CCJ was filed against her for this judgement. After numerous phone calls to BW Legal, she was told they ‘forgot’ to inform the court of settlement and took two weeks of chasing to get them to contact the court.

Prior to this , her credit record was spotless but now BMW finance have refused credit and after paying £1000 deposit on an X5 with £9000 discount, she is scrambling to replace her car when the lease expires in a few months.

Does she have any redress against BW Legal.

Thanks.

TLDR - no she is not entitled to any compensation.