CCJ found regarding PPI fees - Issued to Old address.

Jasesun

Hi guys looking for some help,

In March 2020 I was lucky enough to receive a PPI refund from Consumer Refund Services Limited.

As a result of receiving this money we moved house five months later right in the middle of the pandemic.

Fast forward 4 years and I have recently discovered a CCJ against me this week by CRSL for outstanding PPI fees.

I contacted the Civil National Business Centre to get the particulars of the claim and would like some help in completing a N244 form.

We have not had any correspondence from CRSL and was quite surprised at the claim for fees as we thought this had been taken care of once we had received the payment.

I would like to get this set aside as I believe that the time we had between receiving the payment and moving house plus 3 months of mail redirection would have been enough for them to contact us requesting payment of the fees.

I also believe having read through some of the parking CCJs that after not receiving a reply they could have attempted to find me via credit agencies, electoral register, council or maybe DVLA as these were all changed once we had moved.

In addition I believe they have other contact details for me as it forms part of their contact us form on their website. I have always transferred my mobile number, still use the same email address I used when I moved into the area 20 years ago and have transferred my landline to my new address.

Have got most of the document filled in but am struggling with section 10

Should I send witness statement, statement of truth or evidence and how much detail should be included?

Thanks in advance

Jasesun

Devongardener

Were you paid by whichever financial organisation originally charged you the PPI,  or by the claims company?    If it was the claims firm they would have deducted their fees before paying you, but not if it was the company you claimed against, so assuming you signed a contract with the claims company you definitely owe the fee, notwithstanding any change of address.     

I’d put as much detail as possible in your witness statement, but also make sure you have all the original documents.

Jasesun

Hi,

I am unsure who we received the payment from and don't have any original documents but will be contacting the bank soon to see if they have any more information on the deposit.

Unfortunately I am a month over the 30 days to pay and wanted to do all I can to get the CCJ removed.

So with regard to the N244 is the witness statement the best way to go?

Nasqueron

"Lucky" to use a leech CMC who used the same free complaints process you could have used and as a result, lost a large chunk of your refund, now have a CCJ and associated fees. End of the day, you owe them the money regardless of whether you get it set aside and your assumption on the fees and not updating your address is the problem here. You are now finding out the nasty side of these worthless companies

Jasesun

@Nasqueron

I don't disagree with you and have the money, but do not want the CCJ.

I think they could have tried harder to find me.

DullGreyGuy

Jasesun said:

@Nasqueron

I don't disagree with you and have the money, but do not want the CCJ.

I think they could have tried harder to find me.

To have it set aside you must not only justify why it should be set aside but also that you have a good prospect of winning the case when it's heard again. How are you going to fulfil the second requirement? Sounds like you do owe them money and so it won't be set aside. 

As a breach of a simple contract they had 6 years to file a claim against you, your 3 month mail forwarding was very much inadequate, there are many things that only get sent annually which you won't ever catch if you forget to update your PMI for example. 

Nasqueron

Jasesun said:

@Nasqueron

I don't disagree with you and have the money, but do not want the CCJ.

I think they could have tried harder to find me.

They probably could have but don't need to, they sent the papers to the last known correct address on file, unless it was returned to them with a "no longer at address" they wouldn't know. Further, they are unlikely to start proceedings until well after 3 months and quite possible the admin letters chasing didn't arrive until after the 3 months as well as they would be waiting for the bank to let them know. As above, a set aside does need to have a realistic chance of winning, I don't think you have that much chance here.

Jasesun

@DullGreyGuy

Again I agree I do owe the money however if I pay up I will have six years off having a very poor credit rating.

I would like to set it aside so as to have another hearing and have a chance at explaining why I didn't pay up in the first place.

I did sign a contract with them and believe that they still have my current mobile number, landline number and email address as none of these have changed and are still current even though I have moved and as per civil procedure rules they have to serve me notice of enforcement at my current address before applying for the CCJ, which they didn't.

When I moved I updated everything council tax, electoral roll, DVLA, banks & credit agencies. I didn't update them because five months after receiving payment I thought it was all done and dusted. The mail redirection after moving gave them another 3 months so eight months in total.

With regard to my initial question should I send witness statement, statement of truth or evidence and how much detail should be included?

Thanks in advance

Jasesun

DullGreyGuy

Jasesun said:

Again I agree I do owe the money however if I pay up I will have six years off having a very poor credit rating.

I would like to set it aside so as to have another hearing and have a chance at explaining why I didn't pay up in the first place.

That isn't how the process works, the courts time is considered important and they won't set aside a judgement just so you get your day in court when it's going to have the same outcome. It's more important to the courts to see the next case in the queue. 

Why you are late paying is irrelevant, the court is not a place of compassion but law. They are there to judge are you liable to pay and how much do you need to pay. If you moved house and forgot to tell them, your mother died, your spouse cheated on your etc doesn't change the wording of the contract nor your liability to pay. 

Your almost certainly throwing away the £275 application fee 

sourcrates

You need a good reason why you did not respond to the original claim, you also need a defence to it.

The former you may qualify, but not on the latter, you will likely be wasting your time and the courts, as well as the fee unfortunately.

Jasesun

Filled out form N244, dropped it of at the courts a few weeks ago, paid the fee and have received a letter from the courts yesterday detailing a date for another hearing on the 29th May.