CCJ Removal

[michaelinwiltshire]

I am new to the forum sorry if I have posted in the wrong area.

 

This one may sound a bit different

 

We saught veteniary treatment for our dog in 2009, we were told the bill would not exceed £200.00 for 24hours of care and were advised we would have to consent to further treatment. Dog was let out the next day with the bill nearing £400.00. We advised we could not afford this we paid £100.00 on the spot and set out to make a complaint.

 

I emailed 4 letters of complaint, with no reply. They instructed a debt collector again no reply to the complaint or for a request of how the charges were made up.

 

Next think court paperwork lands for the amount, I could not insert a defence as I could not ascertain how the bill was made up, the vets or the debt collector did not reply to demands.

 

Therefore I made arrangment with the court to pay at the rate of £28.00 per month.

 

Since then the Vets have finally provided paperwork and it shows that treatment was added that we did not consent to, they have also showed a consent for our treatment with the costs at £200.00 for the first 24hours.

 

I now wish to challenge this how would I go about it and is there any legal argument I could quote to try and get this overturned.

 

I thankyou for your help.

[postggj]

if you have the documentry evidence then go for the set aside

 

it will cost £75

 

and you need to download an application n244 form

 

read the threads on ccj set asides

[42man]

You might find this link of use - http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

[michaelinwiltshire]

Thats great is there any particular argument I need to make on the application. As the judge may say that I had agreed to pay the amount and it has taken a series of months to take this action.

[postggj]

if you have only recently became aware of the relevant paperwork than that would be a reason to request set aside as it was not made avaliable at the original claim

[buzby]

Your issue is slightly complex, as there is no argument that the debt has occurred for your pet. Also, on the part of being told a maximum amount and then finding this did not apply I assume was a verbal admission? Without anything in writing, you are immediately disadvantaged. From personal experience, Vets will only provide estimates - the actual cost isn't known until calculated by the practice computer.

 

It is always traumatic at the vet's and mistakes and mis-hearings are common, but I have never, ever had a vet who game me a cast iron guarantee on costs. It would be impractical for them to do so. So a challenge based on the price NOT being 'right' would not succeed. Especially as you had already made a part payment. The time to dispute this was at the time, not pay in part then default after court action.

 

Yes, you could seek a set-aside, but the costs can be conbsiderable, the £75 to restart the action is only part of the story, as if you lose, the practice will apply for its (capped) costs for the additional work involved, and at £100 bumps up the cost and the debt still stands.

 

As your appeal can only be based on accuracy or an err in law, as this has not happened, may not be prudent simply to challenge because you don't like the CCJ.

 

Issues like this are always better dealt with at the time - Vet's do have discretion, but the time where this is available is at the time of treatment - not after they start begging for payment and are ignored. Without insurance, (or a safety savings pot) your pet will always have the potential to cost a fair bit in medical fees, I think they're worth every penny - and when all else fails, the PDSA can often stand in to prevent animal suffering.

Edited October 7, 2010 by buzby
Additional info

[AndyOrch]

I must concur with Buzby you will only add to the debt with costs.Could you not have approached the PDSA before litigation commenced?

 

Andy

[Squirrel Nutkin]

Hello. Just out of interest, who was the debt collector that the vets instructed?

 

Many thanks