Can company impose CCJ without credit agreement?

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  • System
    System Posts: 178,093 Community Admin
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    CharlieHZC wrote: »
    Hello everyone,

    I would like some advise on if a company can impose CCJ if they claim I owe them money?
    Absolutely. If you owe money and don't pay it then a creditor can apply for a CCJ. It doesn't matter if it was a credit agreement or not. It could be work you had a plumber do or a garage on your car.
    Few items were bought from a seller with cash on delivery option. Few items were incorrectly sent by the seller without my consent and later acknowledged by the seller. Replacement was provided, however they refused to accept faulty item as it was opened (this is because they sent wrong items and I opened without knowing). Items are unused and has original packaging.
    Remind them of their obligations under distance selling rules if you bought online or over the phone. You are allowed to open items and return them under DSR rules of the Consumer Rights Act.
    Now this company is threatening me to pay them additional amount which is twice the original cost of the items. Failure to pay them, they want to take this to the court, etc.
    After doing the above tell them you're quite happy for it to go to court so you can get your consumer rights honoured.
  • CharlieHZC
    CharlieHZC Posts: 8 Forumite
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    phillw wrote: »
    The reason you're given time to pay before the CCJ will appear on your credit file is because a lot of cases will involve disputes which would need to be heard in a court.

    If it was their fault they sent the incorrect item and refused to take it away because the box had been opened then it would seem logical to offer to return it at court, it would seem strange for one court to force you to pay for something that another court would find that you shouldn't have to pay for as it could prejudice the outcome, you could win in court and then before you send the bailiffs to recover goods to pay the debt they could go bankrupt.
    Tarambor wrote: »
    Absolutely. If you owe money and don't pay it then a creditor can apply for a CCJ. It doesn't matter if it was a credit agreement or not. It could be work you had a plumber do or a garage on your car.

    Remind them of their obligations under distance selling rules if you bought online or over the phone. You are allowed to open items and return them under DSR rules of the Consumer Rights Act.

    After doing the above tell them you're quite happy for it to go to court so you can get your consumer rights honoured.
    Appreciate your feedback in detail. Many thanks.

    I feel there are companies out there who takes advantage of consumers who are not aware of their rights by sending threatening letters. There is not simple way to find out what should be done in such scenarios.
  • phillw
    phillw Posts: 5,594 Forumite
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    CharlieHZC wrote: »
    I feel there are companies out there who takes advantage of consumers who are not aware of their rights by sending threatening letters.

    They probably have a template letter that they send to everyone who owes them money. If someone owes money and they are refusing to pay it then the letter is likely to sound threatening, otherwise why would anyone ever pay anything?
    CharlieHZC wrote: »
    There is not simple way to find out what should be done in such scenarios.

    I agree that consumers don't always know their rights, but they aren't particularly hidden. You already had been given the advice to defend yourself in court before you posted here.
  • CharlieHZC
    CharlieHZC Posts: 8 Forumite
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    phillw wrote: »
    They probably have a template letter that they send to everyone who owes them money. If someone owes money and they are refusing to pay it then the letter is likely to sound threatening, otherwise why would anyone ever pay anything?



    I agree that consumers don't always know their rights, but they aren't particularly hidden. You already had been given the advice to defend yourself in court before you posted here.

    Yes, I was given advise on how to defend my case and my rights, this is only because I pay for the service. Not all consumers know about such services. Contacted civil lawyers who simply advise me to pay as their fees just to write letter was £500 + VAT which is not affordable for common man. I posted on this forum as I still wasn't confident and needed guidance from experienced consumers. How many consumer know they can get help/advise from such forums? This is just how I feel about this situation (awareness).
  • CityLite
    CityLite Posts: 57 Forumite
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    CharlieHZC wrote: »
    Appreciate your feedback in detail. Many thanks.

    I feel there are companies out there who takes advantage of consumers who are not aware of their rights by sending threatening letters. There is not simple way to find out what should be done in such scenarios.

    In what way are the letters threatening?

    Anyone can claim from another money owed. I'm sure if somone owes money they know about it in nearly all instances.
    Even if there is a dispute than cannot otherwise be resolved, that is why courts exist.

    It costs money to make a claim (although the errant party usually ends up paying it in the end)

    Everyone is innocent until proven guilty.
  • macman
    macman Posts: 53,098 Forumite
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    There is no question of 'guilt' or 'innocence': this is a civil, not a criminal case.
    No free lunch, and no free laptop ;)
  • CharlieHZC
    CharlieHZC Posts: 8 Forumite
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    macman wrote: »
    There is no question of 'guilt' or 'innocence': this is a civil, not a criminal case.
    Thank you for your feedback. Appreciate :)
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