Ex racking up CCJ’s on my behalf!

Jodtay

elsien said:

Playing Devil’s advocate a little here: 
you were never asked for a forwarding address - that didn’t stop you from providing one.
Does your ex not make arrangements to have his post checked while he is away? Given that there would have been some sort of notice of the court case, if nothing else. 

Not having a go, but these are questions you might expect to be asked. 

It wasn’t necessary for me to provide my address as it was agreed in this conversation that it would all been done via email with my ex. Whatever my ex chooses to do with his post I have no idea, what I do know is when serving any legal papers there needs to be a record of them “being served”. This company can not provide there has been any correspondence in paper format or electronically. They have no case. 

We can prove the agreement was made. We can prove as soon as we are aware of any issue, it has been addressed and any outstanding balance has been paid immediately. This CCJ was issued in July 2020, and by on earth would we wait until now to appeal it if we knew about it. 

We have both taken separate legal advise and have both been told the same....

swingaloo2

Again playing Devils advocate, its not just the legal papers being served. There would also be letters from the court advising of a court date.  They would not have been able to contact you by email or ring you so your issue really is with your ex taher than anyone else.

He may be saying there was no correspondence from the company concerned but he cant also claim there was no correspondence from the court. He has let this happen to you.

Jodtay

swingaloo2 said:

Again playing Devils advocate, its not just the legal papers being served. There would also be letters from the court advising of a court date.  They would not have been able to contact you by email or ring you so your issue really is with your ex taher than anyone else.

He may be saying there was no correspondence from the company concerned but he cant also claim there was no correspondence from the court. He has let this happen to you.

I think I’ve made it clear, my issue is there is no proof that anything has been sent anywhere. The maintenance company have been asked to proved letters/emails have been sent and have not been able to prove it. There were absolutely no issues with this property until this company took over. I have no reason not to believe my ex when he maintained the property for 9 years prior to this with no issues. Neither of us are hard up for money so have no reason to avoid bills, especially for the sake of £98!  

As previously stated 2 separate solicitors are convinced this is not our fault and are supporting us in appealing this. 

No further comments are necessary. Thank you for all the comments. 

swingaloo2

I think your misunderstanding what Im trying to say. Even if there is no proof that anything has been sent from the maintenance company there would still have been letters sent by the court before the CCJ could happen. They would have be sent.

Jodtay

swingaloo2 said:

I think your misunderstanding what Im trying to say. Even if there is no proof that anything has been sent from the maintenance company there would still have been letters sent by the court before the CCJ could happen. They would have be sent.

The point is if the maintenance company communicated the way the law states it would not have gone to court and a CCJ would never have been issued.....you can not pay an invoice if you do not receive one. 

2 separate solicitors have been given all the relevant information and have given the same legal advise. 

Thanks again for your input👍🏻

sassyblue

Are you sure the house is only now out of negative equity? The recession in the 90’s was way worse than anything since.

nyermen

sassyblue said:

Are you sure the house is only now out of negative equity? The recession in the 90’s was way worse than anything since.

I was wondering this. Maybe this month numbers are subdued, but its been a sellers market (or so it feels) for the last 6 months.

One thing - sorry if this is covered already - non payment of ground rent (or whatever it is, estate rent charge, etc - unclear as wording is "house" not flat), doesnt that put the lease at risk of forfeit? (or if its estate rent charge, then risk of punitive lease to the debtor being granted etc)

salesman1979

There would have been multiple letters sent to you by whoever was owed the money and by the courts before a CCJ was issued. If you are only just finding out about it now then you obviously didn’t receive any letters about it at all. You can apply to the court to have it set aside. 

The debt forum would be the best place for help with this. There is a cost but it’s only a couple of hundred pounds.