Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hi all, im new here and i hope i have posted in the right section.
right a long story so here goes,
back in 2008 i recieved a phone call from a solicitors called Brian carter. they were claiming htat a ccj had been registered against me for £267. i denied this as i hadnt recieved any comunication at all from them, the courts or Nationwide. now i had an account witht hem when i was 16 (a flex account) i then closed this when i was 17 so i failed ot see how i would ow them any money as you cant get credit untill your 18. from here i started writing letters to nationwide and to brian carter asking for the information and where this debt origionated from. still to this day (2 years later) i havnt recieved a thing from either. i have sent via recorded delivery and everything. anyway, during a 6 month period of trying to get a responce from someone i was continuing to recieve threatening calls from Brian Carter, untill one day they told me they were going to send someone round, i then just offered them payment (stupidly) to get them off my back whilst i carried on. i refused to pay via debit card over the phone and offered them any other "secure" payment, weeks later i had to pay via debit card.
now after this, i carried on writing to them etc and i still recieved nothing. now this is a satisified judgment and noone is interested in comunicating with me, even brian carter refused to deal with me over the phone as the account was paid.
ok so from here i applied to have the ccj set asside under the grounds of i didnt recieve any court papers, nationwide were completely unresponsive and that i have no evidence to support the debt. court attempt 1 - thrown out as the papers were "aparantly sent to my address" . court attempt2 (today) - thrown out as the judgment has been paid therefore they cant set it asside because the judge (confusingly) failed to see how i could repay a paid debt. he really wound me up and was very confused himself, he didnt even seem like he knew what he was saying or doing.
now i have no idea what to do. i have paid the debt to stop the bailiffs coming round and im being told i shouldnt have. i have a judgment against me that has no paper trail of existing and i have a damaged credit file. so angry right now, all i have done is the right thing and im being told its wrong!
IANAL, but as any lawyer will say: "it depends"... Is £267 worth it when it could cost you more in court/legal costs? You can contact Registry Trust to find out if you have any ccjs against you. If you don't have a ccj, or it was issued against the wrong (old) address after you moved *and the claimant had known that you moved* you could argue that the judgment was obtained by deception of the court and whomever you paid was unjustly enriched, but you'd need to talk about it to a solicitor... You might have to go the Court of Appeal route, which is a whole different can of worms.
PS: unjust enrichment is quite hard to argue unless the case is clear cut
nationwide ccj - bank charges?
from a solicitors called Brian carter. they were claiming htat a ccj had been registered against me for £267. i denied this as i hadnt recieved any comunication at all from them, the courts or Nationwide
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