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JadeSimone

CCJ issued without my knowledge

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Hi,

 

I'm new here today so I'm not sure I am posting in the right place. Please point me in the right direction if that is the case.

 

Two days ago I opened a letter from my building society for another property I own with my brother (not my main home). My brother lives in the states so, I am the main point of contact. The letter from the the building society was about a CCJ that had been issued on 14 July 2010. I was shocked to say the least because the council issuing it, had never made contact with me despite having my current address, work address (I work in one of their departments) and have had previous correspondance with them over the years.

 

The last couple of days has been spent speaking to my building society and council to try and get copies of correspondance that was sent relating to this matter. My building society say that the council only sent them one letter which is the one they sent to me two days ago, however, the letter from the council to them implies that a previous conversation had been held between them, with the building society apparently requesting a CCJ before they would act on paying the debt. The woman I have been speaking to at the council says she can't remember whether she spoke to them on the phone or whether a letter was sent. She had difficulties checking because the computers kept crashing (does that sound like an excuse or what??). Anyway, it would seem from the council, the reason the letter may not have come to me directly but apparently sent to the second property address, which is rented out, is that I didn't pay them a £50 + VAT fee for redirecting their correspondance. This is despite paying them a fee informing them that the property was being rented and informing them of the new address.

 

At the risk of making this too long I'll cut the story short. The debt is for service charges not paid for major works which was carried out in 2004 which many residents disputed. The dispute was only sorted in March of this year but I didn't find out about this until May but due to work commitments, had not tried to sort out till now because I am on holiday.

 

The council say they searched the land registry and it only listed the debt property address. I am frantically trying to resolve this issue as I don't want a CCJ on my credit record for 6 years but only have two weeks to do it, instead of the court allocated month.

 

Please can you point me in the right direction as to steps to take since I was not served the original notice or even given the chance to defend myself. In addition to this the council want to take advance payment for next year's service charge bill from the disputed settlement which I have to fill in a form to agree payment. This refund is just under £3000. Letters were not sent to all residents about the refund, you had to contact that council and request the refund before they would. Anyway, I am just waiting for all the letters I have requested from them to arrive before I write to them about the latter matter.

 

I really want to take both the council and building society to task on this matter. Any help you can give me would be much appreciated. Thanks!

 

JS

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