Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Default CCJ Excel /BW Legal please help

    Hi I hope you are able to assist me your help will be much appreciated

    This I believe should have been dealt with last year as excel brought two identical cases, ,one was this this case against me in 2017.
    I defended it and excel dropped it (but I believe a court error) but I have a just had a new CCJ against me for the same case

    Excel brought two claims against me in 2017.
    Exactly the same but diff dates.

    My defence and N180 (exactly the same) was sent in at the same time for them both.

    Excel discontinued case 1 but for some reason I think there was a court error and my defence was not initially registered for case 2.

    I re-sent the email with my defence to the court and both my CCJ’s were removed.
    I therefore presumed both were dealt with and dropped by excel.

    It should all have been dealt with last year but I have a new CCJ for the same case in Sept 2018

    I got a set asides as they sent papers to an old address (plus I wasn’t the driver, they didn’t follow POFA and illegal signage and no planning permission for signs) and excel dropped them in 2017.

    These 2 cases running concurrent with the same defence and always dealt with together

    They have now given me a new default CCJ as I did not return the papers/questionnaire.
    This however was sent to my now very old address which was changed at DVLA many months ago.

    This I believe was an original error by the court (in 2017) as it should have been dealt with the same as case 1 ie defended and dropped in 2017.

    I do not really want to pay another £255 as I’ve already had a set aside for this case and paid it once, and as they dropped it I couldn’t ask for my costs.
    The court are telling me this is now a new case as I did not return the forms and that I have to pay for a set aside again

    Any advice would be very much appreciated

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  2. #2
    Site Team The Consumer Action Group Andyorch's Avatar



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    Default Re: Default CCJ Excel /BW Legal please help

    Thread moved to the appropriate forum...please continue to post here to your thread.

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
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  3. #3

    Default Re: Default CCJ Excel /BW Legal please help

    you will need to request that the court try and correct their errors BUT if the bandits have made a new claim then you will have to go after a set aside and summary dismissal without a hearing on the basis this is identical to the one they have already lost and they have deliberately issued summons to an incorrect address so you want the to pay on a full costs recovery basis.

    IMO courts never admit they have got things wrong.

    The substance of the claim is immaterial,
    as is your defence and

    the fact you changed your details with the DVLA (they have to use the details given at the time but as you gave them a correct address for service of documents they have no excuse for this), this is about abuse of the procedure on purpose.


  4. #4
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    Default Re: Default CCJ Excel /BW Legal please help

    Hi thanks for that.

    I apply for a set aside and mention in there I want them to pay on a full costs recovery basis?
    They will probably drop this though like last time.
    Is there any way I can recover my 3x set aside fees?

    Any point in contacting them and asking them to drop it now as it will be cheaper for them too?

    Thanks


  5. #5
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    Default

    Quote Originally Posted by Andyorch View Post
    Thread moved to the appropriate forum...please continue to post here to your thread.

    Andy
    Hi Andy are you a moderator? I had a private message from CAGBot but my inbox was full. I have deleted some but it still hasnít come through? Is there any way of finding it or asking him to resend it?

    Thanks


  6. #6

    Default Re: Default CCJ Excel /BW Legal please help

    cagbot is just cagbot ignoreicon.

    there is no harm in asking them. no.

    however if they refuse then you included the fact you want all these fees back at this claims set aside hearing.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data costs
    If you want advice on your thread please PM me a link to your thread
    DX
    RIP Martin3030

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  7. #7

    Default Re: Default CCJ Excel /BW Legal please help

    you can ask but they are greedy idiots and may well fancy their chances against you this time by trying to introduce a load of bull at a set-asideicon hearing and hope they dont get a costs order against them.
    I havent worked out how big a lie these peope eneed to tell before they get into proper trouble because it hanst happened yet


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