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  • FIRST POST
    • NickNock
    • By NickNock 9th Jun 19, 8:45 PM
    • 2Posts
    • 0Thanks
    NickNock
    High Court Enforcement Group NOE on a CCJ that isn't registered nor do I owe the money
    • #1
    • 9th Jun 19, 8:45 PM
    High Court Enforcement Group NOE on a CCJ that isn't registered nor do I owe the money 9th Jun 19 at 8:45 PM
    Hi

    I was taken to court by a landlord in 2015 for unpaid rent, but I had gone travelling so didn't receive the papers.

    I had moved out of his property, but he claimed I still lived there and took me to court for the rent for those months.
    I obviously told him I was leaving and when, and have proof to show I had left and had indeed gone travelling.

    When I returned and realised I had a CCJ for unpaid rent, I applied for a set aside.
    I was 10 minutes late for the hearing due to unexpected road works and the judge dismissed it.

    I reapplied and had another hearing,
    but the judge just wouldn't listen to me or look at my proof and said I was lying about turning up late the first time!
    That was 3 years ago

    I've just had a hand delivered letter through from a HCO but I think it's just a company rather than anything official from the court.

    Couple of questions:

    I checked with all 4 credit agencies and there is no record of the CCJ
    I also checked with Trust Online and it isn't on the register, so can it even be enforced?

    Also, is there really nothing I can do given I do not owe the man the rent and have solid written proof that I wasn't living there!?
    Granted it was my fault I was a bit late, but that doesn't mean I owe him any money.

    The letter is threatening to take goods with or without my presence, but I understand that they can't break in? Also, it says they will apply for an order to gain access to my property but I have never heard of this?

    Can I counter sue in an attempt to make him leave me alone? maybe for damages for harassment?

    At the time of living there, we had a really bad mould problem and in the end he did give me money off the rent because so many of my belongings were damaged, and thats one of the reasons he asked me to leave because he didn't want to add ventilation
Page 1
    • sourcrates
    • By sourcrates 10th Jun 19, 12:26 PM
    • 18,438 Posts
    • 17,329 Thanks
    sourcrates
    • #2
    • 10th Jun 19, 12:26 PM
    • #2
    • 10th Jun 19, 12:26 PM
    Hi,


    Difficult one this, you have applied for setaside twice, and essentially been refused both times, did the judge really accuse you of lying ?

    After some digging around it appears that a CCJ as a result of rental arrears does not result in the CCJ being entered in the registry "unless the Landlord specifically requests it".

    This is possibly the reason the judgement does not show on any of your reports or at trust online.

    You can by all means take legal action against him, but you may find you have the same problems when it comes to obtaining payment from him, depends how deep your pockets are.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • NickNock
    • By NickNock 13th Jun 19, 1:38 PM
    • 2 Posts
    • 0 Thanks
    NickNock
    • #3
    • 13th Jun 19, 1:38 PM
    • #3
    • 13th Jun 19, 1:38 PM
    Hi,

    Yes the judge didn't even look at my evidence to prove I didn't live there when he claims! He was just very abrupt and said I mustve been lying because they would have waited for 10 minutes, however they didn't, they told me it had been dismissed. No way I would like about turning up, why would I apply in the first place and pay the fee! Just ridiculous.
    • MEM62
    • By MEM62 13th Jun 19, 1:56 PM
    • 2,898 Posts
    • 2,573 Thanks
    MEM62
    • #4
    • 13th Jun 19, 1:56 PM
    • #4
    • 13th Jun 19, 1:56 PM
    If the landlord has taken the matter to the High Court and you already have an HCO on your case then I think you have little choice at this stage other than to pay up. Your opportunities (and you have had several) to defend and/or resolve the case are now exhausted.

    You may need to just suck it up and, if faced with similar circumstances in future, treat the matter with more gravitas at an earlier stage.
    • WhenIam64
    • By WhenIam64 13th Jun 19, 6:10 PM
    • 758 Posts
    • 489 Thanks
    WhenIam64
    • #5
    • 13th Jun 19, 6:10 PM
    • #5
    • 13th Jun 19, 6:10 PM
    If the judge (x2) have made a decision, they it can be challenged (not set aside) through an appeal. The appeal would be heard by a circuit judge on the whether the deciding judge erred on fact or law.

    The HCEO work for the court and not the landlord. The give effect to a judge's decision - which you would need to appeal.

    Bottom line is that unless your facts support you, you'd best pay.

    Just because you tell a landlord you are going travelling does not break an AST. It will be down to what the AST says which is what I suspect a judge has read and decided upon. At a set aside hearing you have to concentrate not on being late, but the facts at hand. You missed your opportunity.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
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