ccj defence help needed, in court 5th jan

[moonlandings]

Hi All, on the 11th september this year

i had a ccj issued against me on the 24th September

i sent a chq from my bank to the claimant to pay the ccj,

i have photo copies of the cheque and the proof of posting by recorded delivery

i also have a copy of the signature accepting the delivery.

 

This morning,

the 12th october i receive a letter through the post from my local county court,

informing that a 'bailiff has called today but there was nobody in' it states that the bailiff will call again,

so what's happened here?

 

i have paid the ccj but now the bailiffs are going to call!

 

any help or advise would be greatfully accepted.

Moonlandings

[postggj]

Have You Confirmed With The Bank The Cheque Has Been Cashed

[moonlandings]

not as yet, but i will be calling them right now. the claim was from a private individual not a company or business i have all the proof of delivery etc, i will now call my bank.

[seanamarts]

Have you informed the court that you have proof that you have sent off the payment, it could be that information has crossed in the post due to the postal strike a lot of mail has been slow to reach people

[tomtubby]

Hi All, on the 11th september this year i had a ccj issued against me on the 24th september i sent a chq from my bank to the claimant to pay the ccj, i have photo copies of the cheque and the proof of posting by recorded delivery i also have a copy of the signature accepting the delivery.

 

This morning, the 12th october i receive a letter through the post from my local county court, informing that a 'bailiff has called today but there was nobody in' it states that the bailiff will call again, so what's happened here? i have paid the ccj but now the bailiffs are going to call! any help or advise would be greatfully accepted.

Moonlandings

 

You really do need to speak with your bank to confirm whether or not your cheque has been presented for payment.

 

If not, then you MUST act quickly. This is because the creditor would have applied for a Warrant of Execution and this will remain on your credit file for 6 years UNLESS you pay the CCJ within one month of Judgment.

 

As this is still with the COUNTY COURT BAILIFF, I would suggest that you contact the creditor in the morning to explain what has happened. The creditor will ONLY be interested in ensuring that payment is made and should be willing to accept payment (assuming that payment has not been made).

 

If the creditor is unwilling to co-operate, then you will need to file an N244 to set aside the Judgment.

[moonlandings]

Hello All,

 

I haven't posted on here for a while, but i think you will enjoy this one

(i know how you fellow caggers like to get your teeth into something!!)

 

to cut a long story short

 

i had a ccj registered against me by an idividual that i had sold something to,

 

I paid the judgement which was a few hundred pounds,

by getting my bank to write a cheque to the said person for the amount he had claimed

(i can't write a cheque as i don't have a cheque book with my account).

 

This cheque was posted recorded delivery and was accepted and signed for the following day (25th sept 2009),

 

imagine my surprise then when this morning (23rd november 2009) a bailliff knocked at my door,

 

to remove goods because the judgement had not been paid!

 

to be fair to the bailliff as soon as i showed him my proof of payment and postage,

and that the cheque had been signed for,

 

he backed off a lot and advised me to go to the court to have the warrant set aside. so to sum up

 

i have proof of the cheque made out by the bank

i have proof of postage of the cheque

i have a copy of the signature to accept the recorded delivery

i now have written confirmation from the bank that the cheque had been cashed

i have a copy of my bank statement showing the amount of the cheque being taken from my account when it was issued

do any of you think that the above evidence is enougth to prove that i have paid this judgement, or do i need more evidence?

 

i am very annoyed that i now have to go to court to defend myself against this individual, and the fact that i have had to pay £75.00 to do the paperwork!

 

i now want to really take this bloke to the cleaners for the stress and harrassment he has caused me,

what can i claim for regarding the stress and harrasment he has caused me,

i'm very angry with this person

i want to punish his wallet as much as is legally possible,

 

the way i see it he has had the money but has employed bailliffs to recover the same amount plus their costs, to me this is theft.

 

what are your thoughts and or advice please.

regards

moonlandings

[babybear39]

As far as I know if the CCJ was paid in full and cleared within 28 days then he had no buisiness sending bailiffs. Someone with better advice may come and correct me...

[PGH7447]

Try calling the local police and asking if this is a case of fraud

[moonlandings]

hello all i have this morning received the attatched threatogram,

it was sent 2nd class mail,

can anyone advise what to do regarding this letter,

i thought that to chase a debt they had to go to court first

 

 

and another go

[sploits]

If you no nothing of the debt then send this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt make them prove you owe the debt.

If they come back with something then send off for the CCA http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

Hope this helps

 

Sploits

[moonlandings]

hello sploit thanks for the reply,

i owe this person (he is an old customer) about £120.00

he returned a part to me after having it a year and wants a full refund,

 

my argument is that after a year he has no right to his money back,

i have offered to take back the part and give him a small gesture of £40.00 as a token of goodwill,

but he obviously thinks he has a case and is chasing it

[comebackjimmy]

Also, if they get on the phone refuse to talk to them. Put the phone down, note the numbers from which they call and don't answer the phone in future if it is them.

 

You may or may not owe money to your customer. However, Capex are acting as agents for the creditor. You have no legal obligation to talk to them or indeed to deal with them at all.

 

If your customer insists on working with them be clear that he has to prove you owe him by appropriate documentation (receipts, warranties, letters, invoices etc). Keep everything in writing.

 

Also, I would not think the fee of £25 is payable but others with more knowledge and experience than I will hopefully come on here to offer safer advice.

[sploits]

I agree with comebackjimmy. Make the customer prove that you owe the him money. And ignore Crapex

[moonlandings]

thankyou all for your replies and advice,

all the customer had off of me was a handwritten picking/packing list

no signatures

or warranties

or guarantees,

 

he says the part was defective and damaged yet when i delivered the goods

we opened up all the box's to check all the goods were ok,

 

all of a sudden over a year later he is now claiming a part was faulty and wants his money back.

[sploits]

Sounds like a bit of a chancer to me

[angry cat]

CCA Search :: CCA Search Results :: Licence Details

 

Application / Licence Details

Licence Number:0594869Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Capex Recoveries Ltd 4813919

 

Categories:

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:No

Trading Name(s) (Current):

VBS Group

VBS Legal Services

vbsgroup.co.uk

 

Issued Date: 02-Feb-2007 Expiry Date: 01-Feb-2012

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Alison Tanner OFFICER

Duncan Tanner OFFICER

Neal Tanner OFFICER

 

Nature of Business:

Debt Collection

 

Current Address(es):

Address Type Address

Principal Place Of Business Chandos House 26, North Street, Brighton, East Sussex, BN1 1EB

Registered Office Chandos House 26, North Street, Brighton, East Sussex, BN1 1EB

 

Historic Address(es):

Address Type Address

Principal Place Of Business Chandoos House, 26 North Street, Brighton, East Sussex, BN1 1EB

Registered Office Chandoos House, 26 North Street, Brighton, East Sussex, BN1 1EB

 

VBS Debt Recovery Ltd | Debt Collectors | Debt Collection

 

The VBS Debt Recovery company was dissolved and then became Capex:

 

Name & Registered Office:

CAPEX RECOVERIES LTD

5208

 

BRIGHTON

EAST SUSSEX

BN50 9XQ

Company No. 04813919

 

Status: Active

Date of Incorporation: 27/06/2003

 

Country of Origin: United Kingdom

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7411 - Legal activities

7487 - Other business activities

 

Accounting Reference Date: 30/06

Last Accounts Made Up To: 30/06/2008 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/03/2010

Last Return Made Up To: 27/06/2009

Next Return Due: 25/07/2010

 

Last Members List: 27/06/2009

 

Previous Names:

Date of change Previous Name

07/09/2009 VBS DEBT RECOVERY LTD

 

What a ridiculous waste of time and paper!

 

If the claimant feels that he has a valid claim, why didn't he just issue an N1?

 

You could then put your argument to a DJ!

 

Crazy.

[ScarletPimpernel]

Note that the letterhead (and their website) breaches the Companies Act 2006 because it fails to show a valid registered office address. Interestingly, Companies House doesn't have a proper address for them either. They will do soon, though - I've just spoken to the Compliance Section.

 

The letter is bog-standard DCA stuff - plenty of ifs and maybes.

[moonlandings]

Hi All,

just hoping someone here might be able to help me, i will keep the story as short as possible to stop boredom setting in.

 

I run a small business from home,

a customer ordered an item from me that i found impossible to get

to cut a long story short, it went to court and i got a ccj against me,

 

within 14 days of the court hearing i paid the whole amount owing which was a couple of hundred pounds,

 

i paid by a cheque from my bank (i don't have a cheque book with my account) this was sent recorded delivery (i have proof of the posting and the signature upon delivery)

i also have photo copys of the cheque from the bank.

 

the customer sent the bailliffs to my house

i told the bailliffs the debt was paid,

they advised me to get the judgement set aside and the warrant suspended,

 

this i did the very same day,

i now have a court hearing on the 5th january 2010

 

i have all of my proof of payment ready in a folder and a letter from my bank confirming the cheque was cashed 4 days after i sent it.

 

can anyone on hear tell me if i can now claim against my old customer for fraud or deception as the way i see it he had already been paid, and then sent the bailliffs to me to recover the amount of the debt again plus costs! surely this is illegal?

 

i really now want to be able to hit him where it hurts (legally of course) for the distress he has put me through. if no one here can advise me, could someone point me to a web site or something where i could get help and or advise please.

happy new year to you all anyway

moonlandings

[sleepingdog]

Hi moonlandings ,

I think that if you go to court on 5th Jan and the court makes judgement in your favour as it is likely to then you can ask for your costs.

 

Make a few copies of your costs ,

one for the judge ,

one for the other side if present and a spare for yourself.

 

On it include the cost of the set aside,

any postal costs involving the case,

your travel to and from the court at 40p per mile

,any parking costs ,

your loss of wages for the court appearance etc.

 

If the case goes your way ask the judge if he/she will allow for your costs then present your costs to the judge and other side.

 

Also your customer would already have paid for the bailiffs to have been sent so is already out of pocket.

 

Hopefully someone else with more experiance than myself will come along and look over what I have said if not then you have nothing to lose in trying.

sleepingdog

[moonlandings]

hi all i will keep this as short and as factual as possible so as not to confuse anyone.

 

i run a small business,

a customer of mine has taken me to court for parts he said he hadn't received,

i have proof here (delivery notes and invoices etc) that prove he has had the parts he ordered,

 

 

a judgement has been made against me as it would seem the court did not receive my forms disputing his claim because of my evidence.

 

i have over the bank holiday weekend downloaded the form N244 which asks for the judgement to be 'set aside' I

have to pay for this (£75.00 in court fees)

i do not know who to make the postal orders payable to ,

this has stopped me from dropping the papers to the court today,

 

 

on my arrival home this evening i find a letter from a bailliff on my doormat,

which claims he called on the 30/04/2010

(i can assure you he didn't)

he claims he has called today to remove goods from my property.

 

so what can i do?

i haven't had time to drop the form N244 to court,

would you suggest dropping the form to court tomorow and the payment,

will that then call a halt to the bailliff, or am i too late to stop things now?

 

 

your help and advice will be greatly received.

[Ell-enn]

If you take the form to court first thing in the morning (make the postal order payable to HMCS (Her Majesty's Court Service) ) you can tell the counter staff to inform the bailiff that you have applied to set aside the judgement, that should ensure that you get no more visits from the bailiff.

 

Make sure you take a copy of the N244 before taking it to the court so if he does call again you can show him the copy. DO NOT let him into your house no matter how persuasive he is. Speak to him on the doorstep with the door closed behind you. Also, ensure all doors and windows are safely locked while you are out at work.

[moonlandings]

thankyou Ell-enn for your prompt reply, that has put my mind at rest.

..because of the nature of my work i can't get to the court untill about 2pm tomorrow,

 

 

i know that that's not ideal, but will that still be ok?

i leave early in the mornings about 6.30 am to open the shop up,

and i can't get away untill about midday when my 'helper' comes in to work.

 

even though i could prove to the bailliff that i have submitted the form N244 will that stop him or will he just carry on untill the judgement has been 'set aside' by the judge,

 

 

my fear is having my car clamped on my driveway while this mess gets sorted out.

[ploddertom]

 

even though i could prove to the bailliff that i have submitted the form N244 will that stop him or will he just carry on untill the judgement has been 'set aside' by the judge, my fear is having my car clamped on my driveway while this mess gets sorted out.

 

 

Make sure you have a copy for the Court, a copy for the Claimant which you should send direct, and at least 2 copies for your own use. I suspect you have been visited by the County Court bailiff who will be quite amenable. If you want to be on the safe side you should also apply for a Stay of Execution on the same form - the reason being "for determination of your Set Aside Hearing".

 

PT

[Ell-enn]

I thought the court send notice to the claimant?

 

If the bailiff's first visit was today then it's unlikely he'll return for a couple of days, so you should be ok if you get the form to court tomorrow.

[ploddertom]

I thought the court send notice to the claimant?

 

I've found the only notice they send the Claimant is when the hearing is. I've always found it better to send things like this myself as often the paperwork gets overlooked or posted wrongly. Even any Orders the Court have made I reiterate to make sure they know - that way there are no excuses.

 

If the bailiff's first visit was today then it's unlikely he'll return for a couple of days, so you should be ok if you get the form to court tomorrow.

 

PT