CCJ from Bannatynes Fitness

[247orbital]

As I suspected I have received a CCJ from Banatynes fitness from 2007. I have recently been having problems with obtaining credit and after a credit search found three defaults and a CCJ.

 

To my knowlege I never received any paper work from Banatynes or the County Court regarding this. Although I did have a period abroad from late 2007 to 2008. As far as I am aware I completed my year contract and was under no obligation to renew my contract with them.

 

Please could someone advise me as to my next step regarding this CCJ as I understand laws regarding CCJ's are different. If I find the debt is correct is it possible to remove the CCJ (upon settlement) or am I stuck with it regardless of payment. I am under the impression that if I didn't receive the paper work there are legal avenues I can persue to remove the CCJ.

 

I currently have about 6 months off work due to injury and so can devote a large amount of time to this matter.

 

Any help would be appreciated.

[shakespeare62]

I think you would need to apply to set-Aside judgment, on the grounds that you never received a summons

 

Do you have a copy of the original Gym membership agreement ?

 

Here is a link to a set-aside for somone who did not receive a claim form

http://www.consumeractiongroup.co.uk/forum/legal-issues/211496-judgement-notice.html#post2319626

[shakespeare62]

Here is a link to a set aside, where the claim form was served at an old address and the person never received it. They won this case :-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214746-court-action-advice-needed-2.html#post2365989

[247orbital]

I don't have a copy of the original membership form but I do remember signing a form when I intialy joined.

 

The links you provided just direct me to something asking ne for £17!

[shakespeare62]

The links you provided just direct me to something asking ne for £17!

 

Try right mouse clicking the links above. Select properties from the drop down list and make sure the link starts with the URL of this website. If you get a pop up for a book - just ignore it or close the window.

[IdaInFife]

hiya

 

this thread is in the CRA's forum

 

so have moved it to the correct forum for you - Legal issues

 

ida x

[IdaInFife]

this is the link you need

 

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside

 

ida x

[247orbital]

I have searched all my records and i can find no letter from any court relating to a CCJ. I was for a short time (6 months) out of the UK but this would be hard for me to prove as it was in EU.

 

Any suggestions which route to go down next?

[Axiom99]

I have searched all my records and i can find no letter from any court relating to a CCJ. I was for a short time (6 months) out of the UK but this would be hard for me to prove as it was in EU.

 

Any suggestions which route to go down next?

 

I had a CCJ served on me despite having never had any paper work from the court to say that my lender was applying for a CCJ and applied to have it set aside having had advice from someone supposedly 'in the know'

Turned up at court expecting that it would be sufficient to tell the judge I had never received the original papers but not prepared for what judge said.

He said that as far as the law was concerned the fact that the court had posted the original documents was proof that they had been served on me,the fact that in reality they may have been lost in the post or whatever was completely irrelevant!

He then said for him to consider setting aside the CCJ I would have to produce evidence there and then that I had a reasonable argument that the original request for the CCJ could be defended.

I was totally unprepared for this so my request for set aside was denied and I ended up with another 395 quid costs for my trouble.

This was all before finding out about CAG but be very careful who you take advice from before going to court

[247orbital]

Bump?

[hungrybear]

Their standard terms are that you have to give three months notice in writing to cancel the contract, which at or more than 12 months. Did you cancel the contract with the gym in writing or just stop the DD?

 

This is where they get most people. So, with what axiom has, quite correctly said, be careful.

 

How much was the CCJ for and how was it made up?