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I hope some one can give me some advice. This has become VERY complicated due to a company I used to work for becomming vexatious. I will try and keep it as clear as possible.
I live in Scotland.
Around 2003 I was working for a tool distribution company ( HQ is in England ). They brought in a scheme where every employee could buy a PC through a Tax Break Programme. I Signed up for one costing £1499. The document I signed was headed "Tax Break Programme Contract Agreement ( Agreement) ". For information , I signed it but no one else did and there is no APR mentioned. I bought into this plan as I was very happy in my employment and had no intention of leaving the Company in the near future.
Moving on.....
July 2005.
I inherited a Manager who was a bully. A situation arose where i was "Forced" to resign. During the process of going to Employment Tribunal the " Management " closed ranks and tried to play dirty tricks. I owed around £600 left on the PC. I wanted to continue to pay my monthly payment but was not allowed. Eventually after about a year It came to tribunal. Everything was taken into consideration and I won my Tribunal. I was awarded £7000. It cost me £20000 to run the Tribunal so it actually cost me £12,000 in the end to get Justice as you don`t get "costs" back in Scotland!!. The Manager remained in his job and they lost nothing!!. They refused to pay what the court ordered them to pay and about 18 months later and more expense to me I had to pursue the amount in and Englsh court representing my self this time as I could not afford another Solicitor.
When I appeared at the Court in England, the " Company" put in a counter claim stating that they over payed my salary. In other words they could not explain the PC situation as it was all part of the Tribunal calculation. When The Judge found out that this had already been ruled by a court in Scotland , she was FURIOUS! and "threw " the Company`s counter claim out immediately and ORDERING them to pay me within 10 days.
I then recieved full payment. For the last few years they have been sending threats of debt collectors through different solicitors every few months to get Money back from me. They claim it is Debt I owe them. I contact each Solicitor and explain what they are doing and then send copys of the tribunal judgement and the county court judgement and then the solicitors drop them. Every few months they use a new solicitor and I have to do it all over again.
This time though I have had a CCJ sent to me ordering me to pay £2500 from a court in England. I had no warning of this and by the time I have the letter it is too late.
It seems like big multimillion pound companies can just squash the small fish when they feel like it as I do not have the financial resource to cope with this.
2 questions I guess.
1. Can they put a CCJ on My credit file and enforce from England even though it was them who dismissed me unfairly.
2. would this fall under the CCA in the sense that it does not look like I signed anything like a proper Credit agreement. ( Bearing in mind It was not me who left the Company, I was unfairly dismissed ).
I apologise for this being so long winded and I hope some one can help me.
I'm not really too clued up on this but...........
The Civil Jurisdiction & Judgements Act 1982 covers jurisdiction issues in relation to court actions.
For individuals, jurisdiction is based upon where they are 'domiciled'(their place of residence) although there are a few exceptions but these are quite rare.
Accordingly, where a creditor is pursuing an individual for a debt then they should do so at the sheriff court within whose jurisdiction that the debtor resides.
Contact a local community law firm or solicitors who are capable of dealing with such issues.
Please note that even if you are successful in challenging the CCJ on jurisdiction grounds, first credit may then commence legal action at your local sheriff court.
To enforce a CCJ in Scotland, the creditor has to register it for enforcement at the Books of Council & Session (Court of Session) which will then give the authority for a Messenger-at Arms (Officer of Court similar to a Sheriff Officer) to serve a Charge for Payment.
As Scott says you have a standard resposne in that they cannot get a ccj on the basis you live in Scotland.
Do you have any details about the ccj? what sols it was?
I know of peeps who have wrote to them to advise them off their error and they have removed the ccj's
if not then you would need to apply for a set aside on the ccj to bring it back to court and then state your jurisdiction
Ida x
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This is the defence I used when they tried to do the same with me.........
Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act').
It is alleged that a contractual agreement was entered into dated 14th June 2001 with the plaintiff. The defendant would have entered into any such contractual agreement as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant.
You could maybe amend to suit.
Regards.
Scott.
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it initally would be just a basic letter to the sols asking them to remove the ccj due to being served within England and you reside in Scotland or you will apply for a set aside and costs and give them 14 days to remove it
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Thank you everyone for your advice so far. I am going to make a decision today as to what to do.
Please can I ask what is "SOLS" ?
Is the basic letter i send, the one that MAROONDEVO52 mentions? If it is it it simply a matter of sending it to the county court?
Finally, do I sign it?
As I see it you should have been advised of any court action. They failed to do so and that was error #1. The raised action in a court which does not have jurisdiction. That was error #2. You deny having a valid Consumer Credit Agreement and to date they have failed to prove otherwise. Any action they could have raised would be based upon such CCA. There we have error #3
The MAROONDEVO52 letter may need minor tweaks before sending but I think it covers the aforementioned errors.
Hi there, I went to see a solicitor who looked glazed over and said that I would have to get an english solicitor as he didn`t even understand how they could do this. The court infact issued the CCJ against me. I have sent a fee of £75 to apply for set aside and to bring it to a sherriff court up here ,now they have told me that I will have to go to England to another hearing to have it set aside. I am now completely confused as no one sees to be able to help and I can not defend my self.
Am I the only person in Britain that this can happen to?
Many Scottish legal firms have English branches or affiliations with English firms and some even operate on a global scale. Surely chatting to such a firm would be a wise start and many will grant you an initial consultation free of charge.
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I phoned the other sides Solicitors "Credit Style Ltd " and asked them if they would agree to set aside. The woman said no and quoted me that they DO have jurisdiction and quoted me the "Civil Juristdiction Act 1982"
I have not read it either, but so far as I was aware a court cannot have jurisdiction if you are not domicile within the area it covers, you tell us that the other party consider that Civil Jurisdiction and Judgments Act 1982 affords then the right to raise the action they did. Surely somewhere in that lengthy document it should be easy to spot the where this right is granted if it is indeed true?
Could they be referring to 16.1.b which reads
(b)the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in [F3Article 22 of the Regulation] (exclusive jurisdiction regardless of domicile).
It`s a done deal then. I will have a completely unlawfull CCJ from an ex employer who simply has the money to do it, It is a true miscarriage of Justice
no they still do not have jurisdiction - they are trying to baffle you -
do not call then - write to them -
Dear XXXXXX,
I have been made recently aware that you have obtained a county court judgement against me.
Let me draw your attention to paragraph 3(4) of schedule 8 to the Civil Jurisdiction & Judgments Act 1982 in where that xxxxxxx county court has no jursidiction to grant any such county court judegement against me.
I contacted your office on xx/xx/xx where i was advised that you would not be removing the ccj and tried to mislead me by misquoting the Civil Jurisdiction & Judgments Act 1982 . I am granting you a further14 days to remove this county court judgement and to reply to me in wiring within the time to confirm the county court judegment has been removed.
If this has not be completed within this timescale, I will then apply for the ccj to be set aside and will make a written statment to the court detailing your abuse of process and further frustating these processding by failing to remove it and misleading a litigant in person and I will be applying for all costs that will be associated with the ccj removal.
I await your response.
Send this by recorded delivery at lease but would suggest special delviery.
Ida x
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CCJ Registering from England
through different solicitors every few months to get Money back from me. They claim it is Debt I owe them. I contact each Solicitor and explain what they are doing and then send copys of the tribunal judgement and the county court
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