Unfair CCJ - PLEASE HELP

fuzzyfuzzy

Hi, i wonder if any of you guys could perhaps help me out here,


Basically my girlfriend had her windscreen repaired a year or so ago. She told the chap who fitted it that it was under her insurance (as she thought) and gave him the details and thought nothing more about it.

She then received a letter demanding payment or it will go to court, however, by this time she had moved out of her parents address, her mother who is registered disabled (had a brain tumor and stroke) filled in the form on her behalf and signed to admit owing the money and sent it of (Crazy, i know!!!) She was obviously trying to help out. After this nothing was received on how to make payments etc and then came a letter declaring that as no payments had been made she had a CCJ registered against her. She immediately paid (around 10 days after 28 day period in which it wouldn't be registered) and subsequently we cannot get a mortgage.

It is for around £200 for a car windscreen and is frustrating beyond belief. I have spoken to a pleasant lady at autoglass who said no problem and that they will get it set aside. She was extremely helpful and emailed me a copy of a letter she said she sent the courts explaining that as it is not in autogloass's T&C's for a customer to ammend their address with them then she cannot be held responsible and top set it aside, unfortunetly she left the company a few weeks after.

She had emailed me copies of internal emails she had sent to the person replacing her job and her manager saying again that it was their fault and that it should be removed.

I have now spoken to her replacement who has said that i have to speak to their solicitors and will basically have nothing to do with it.

Can anyone advise if me taking them to court is advisable? I assume that as they have been paid months ago in full including costs that it is of no benefit for them to pay a rep to go to court and so it will get removed but they have implied that the court would not agree to set it aside as it doesnt warrant it from what has happened.

What about the options of her mum going to court to explain that she signed it (the signature is nothing even remotely like hers) and try and get it written off that way?

Or could she simply say that she never received it and that the signature isnt hers and not mention her mother and see what happens? All technically true.

Any help would be extremely gratefully received as for a £200 misunderstanding this is having a severe impact on us.


Thank you very much

floss2

Have you been told that it is the CCJ that has stopped your mortgage application? Have you obtained a copy of the credit report to show that it has been satisfied?

I would suggest calling your local CAB & asking for their advice.

fuzzyfuzzy

Hi, thanks for your reply,

Yeah we have been told that it has stopped the applictaion. We have had the CCJ marked as satisfied but we have just been told that with the current economic climate they are only looking at clean credit to obtain a reasonable (and affordable) interest rate. I will try the CAB but just wondered if anyone on here had anyideas as to likelihood of getting it set aside before arranging a meeting with them


Thanks very much, its appreciated

fuzzyfuzzy

No-one else got any help?

Please

poorandindenial

OK - lots of questions

What happened between the thing that her mother signed and the issuing of the CCJ? - these things tend to involve a heck of a lot of letters demands and threats before a CCJ is issued - what happened to all these papers?
Do you know whether the woman that was going to write to the court had a) any authority to do this on behalf of the company? and b) ever sent the letter to the courts?
Have you spoken to their solicitors yet?

Have you tried speaking to the CAB (not sure if one of the other debt charities could help with this but I am sure they could link)

fuzzyfuzzy

poorandindenial wrote: »

OK - lots of questions

What happened between the thing that her mother signed and the issuing of the CCJ? - these things tend to involve a heck of a lot of letters demands and threats before a CCJ is issued - what happened to all these papers?
Do you know whether the woman that was going to write to the court had a) any authority to do this on behalf of the company? and b) ever sent the letter to the courts?
Have you spoken to their solicitors yet?

Have you tried speaking to the CAB (not sure if one of the other debt charities could help with this but I am sure they could link)

Hi, as far as im aware she signed the paperwork admitting the debt and agreed to a £50 a month payment. The argument ive got is that nothing appears to have happened since then. There was no evidence of details of how to pay, etc. No demanding letters etc were received just this one form.

The woman who was going to write to the court has a job title of "Debt Recovery Advisor" she was really nice and very understanding, she emailed me a copy of the letter she sent to the courts which basically said that as they dont have it in their t&c's for us to update the them with an adress change that it was unfair and to have it removed, we have had a letter back from the courts acknowledging the letter saying that it isnt enough to warrant it being set aside.

Ive spoken to the solictors who have happy to let it ride and bill autoglass, there absolutely no help whatsoever.

Im at my wits end with this, it feels really unfair and surely there is a way around this. A £200 misunderstanding gets recorded for 6 years but people that default on loans of £xxxxx just say they never recived the notification and get it set aside.

Any advice would be really good,

ill speak to the CAB and that link, thanks for that. Any other ideas would be really helpfull thanks

loobylee

Hi hon
Been through all this recently!! Basicly the only way to get a CCJ removed is by paying it within 28 days of it being served. You will get a certificate of cancellation and it will be removed from your credit history. If you pay after the 28 days you will only get a certificate of satisfaction - shows the debt has been paid but it will remain on your credit file for 6yrs.

You can appeal to the court but this usually has to be done before the CCJ is issued or within the 28 days after it has been issued - but before you pay it.

Even if Autoglass are willing to set it aside, it is now not down to them it is down to the Judge, and unfortunatly what they normally say is "It wasn't paid within 28 days - all you can have is a certificate of satisfaction"

By all means try - you might get a nice judge who will set it aside if not make sure you get the certificate of satisfaction and send copies round to all the CR agencies with a covering note so that they can mark the CCJ as satisfied on their records.

Hope this helps a little!

ExpatAbroad

Dear All,

My first post to a great site!

Our history, amassed debts of around 50K back in 2001 and went with a DMP via CCCS. Through steady paying off and negotiation with various creditors we reduced this down to 6k around a year ago. Only 2 creditors left. We made them both a number of offers, all declined. In each of the offers we explained we were moving abroad permanently, would no longer be resident, would have no fixed income and what income there was would be much reduced. In essence we said accept our offer, it's the best you'll get and we will not be resident in the UK in the next couple of months anyway. They declined.

Our final correspondence with both DCAs was from abroad, where we re-iterated the points outlined above with the exception that we were no longer resident in the UK (we have the official paperwork to confirm this). We gave both 30 days to respond on the basis that if they did not we would consider the debt written off. We provided both an eMail address and a telephone number for them to contact us on, but no address, since we have no permanent address at the moment.

We received no correspondence whatsoever from either.

I returned home to the UK for a couple of days a couple of weeks ago and whilst I was there had contact from 2 new DCAs about both the debts (be very worried about what information is stored on biometric passports!). The contact was to my parents address where I was staying for 2 days, I have never lived there. This contact came a good 6 months after my previous correspondence about the debt and I have full paper trail relating to both (from my side anyway - as it seems they both chose to ignore the new contact details I had provided).

In summary, I made the same offer for settlement as previously, but also requested SIGHT OF THE NOTICE OF
ASSIGNMENT AND THE ORIGINAL SIGNED CREDIT AGREEMENT. Now this request and offer was made via eMail 10 days ago, together with confirmation on contact details. I have had confirmation that one of DCAs has read the eMail, but nothing from the other and no contact whatsoever from either.

One of the DCAs say that as I had not responded to any correspondence sent to my old address (even though they knew I no longer lived there, was not resident in the Uk and they had contact details for me that they chose not to use) a CCJ had been issued in my name! Can this happen? I have seen no paperwork or correspondence relating to this.

In addition to the recent eMails I have sent to both DCAs my parents have also written confirming that I do not live with them, have never lived with and am permanently resident abroad.

What should my next steps be?

A million thanks in advance for any help!