KP82 CCJ re Gym Fees that were paid !!

[KP82]

Hi Slick,

 

Not sure igf you can help me also? My case is similar.

 

I suspended my membership for about 3 months whilst I was pregnant, therefore did not have a direct debit set up. I cancelled my membership in 2010 and was told I need to pay 2 or 3 months (I can't remember which) of fees, which I completely forgot that I did not have the direct debit set up and I had a new born baby to contend with. I then received a letter threatening to go to court if I did not pay the £89.00.

 

As soon as I received the letter I rang them straight away and paid the debt! I received a receipt in the post a week later confirming that the payment had gone through!

 

However I recently applied for a job and unbeknown to me I had a CCJ against my name! My new potential employer informed me that this was dated February 2012! So I was completely shocked when I found out that this was due to the gym informing the court that I had not paid the £89 in 2010!! (P.S I have never had any debt apart from my mortgage in my life!)

 

I contacted the gym and they said they it was completely their administration error and that they would send the details to the court including a cheque to clear the CCJ from my name! However this was over a month ago and I keep chasing the gym and they are saying they do not know why it is taking the court so long to sort out and they will chase the court. Still no answer from the gym that this has been sorted!! I still have a CCJ against my name!

 

It was rather embarrassing that I had to find out about the CCJ from a new employer 2 years down the line and that they are taking so long to resolve their mistake. I still don't know if I have the job as they are still awaiting the confirmation of the outcome that this debt is not mine! Does not look good on my character and I haven't even started the job yet!

 

How can you help? I am thinking of writing a letter of complain to the gym, but would like help to word it and if possible do you think I have a good case for defamation of character?

 

Please help,

 

Thanks!

[slick132]

Hi KP and welcome to CAG

 

I've moved your post into your own thread which you can use from now on.

 

I'll bring this to the attention of the Site Team and see what suggestions come back.

 

Please confirm :-

 

1. What gym the m/ship was with.

 

2. Who actually took the court action against you.

 

3. Do you still have the receipt for the £89 payment that you made.

 

4. Is there any reason you weren't aware of the court action when it was taken. Perhaps you moved ?

 

If you have had a CCJ registered against you when no debt existed, you may have grounds to seek damages from the company responsible for the court action as they have most certainly caused damage to your otherwise good reputation.

 

Lets see what suggestions come back from the Team or others.

 

[KP82]

Hi Slick,

 

Please see the following replies:

 

1. What gym the m/ship was with - PARKWOOD LEISURE

 

2. Who actually took the court action against you - PARKWOOD LEISURE

 

3. Do you still have the receipt for the £89 payment that you made. - YES AND FORWARDED THIS TO PARKWOOD LEISURE TO PROVE SO. I PAID BY DEBIT CARD SO I ALSO HAVE MY BANK STATEMENT WHERE THE MONEY HAS BEEN DEBITED.

 

4. Is there any reason you weren't aware of the court action when it was taken. Perhaps you moved ? I HAVE MOVED RECENTLY, HOWEVER I KNOW THE PEOPLE WHO BOUGHT OUR PREVIOUS HOUSE AND THEY HAVE INFORMED ME THAT THERE WAS NO POST??

 

Thank you

[AndyOrch]

Hi KP82

 

A County Court summons was issued, be it to your old address or (which I doubt as you state the debt was 2010 and the CCJ was placed Feb 2012) so this is recent.

I appreciate that you paid the £89 but if a court summons was issued then their would be court fees and solicitor costs.

 

My advice would be to do a little research and find out which court placed the CCJ and also try to retrieve the Summons and a copy of the judgment and the amount of the CCJ.

 

Once you have all the above information then you may need to set a side the judgment.This will cost you unless you are exempt from charges.

 

http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/moneytaxandbenefits/managingdebt/courtclaimsandbankruptcy/dg_10013083

 

 

Subject to what you discover you may apply for a Certificate of Satisfaction.

 

http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs/ Not ideal as this would remain on your file for 6 years.

 

Do a little research on the CCJ then you can decide your course of action.

 

Regards

 

Andy

[slick132]

Hi KP,

 

As Andy suggests, get the paperwork from the court to see what has happened.

 

I wonder if it's possible that the CCJ was made in respect of further fees due, after you paid the £89 by phone. I see no mention of you actually cancelling the m/ship agreement.

 

[KP82]

Hi,

 

I did cancel the membership and that's why I had to pay the £89, as that was the cancellation fee.

 

The only details I have are: Court Date: 06/02/2012 Amount: £124 Type: County Court Judgement (England, Wales And Northern Ireland) Court Name: Northampton Ccbc.

 

Parkwood Leisure told me that this was an admin error and appologised and said they will contact the court to clear the debt. They said they sent the details and a cheque to the court. I have now been informed by them that court has a backlog and that I should contact them myself to see when the CCJ will be cleared.

 

I will contact the court, however are you saying that although this CCJ should never have been raised against my name that it will still stay on my record for 6 yrs?

 

I will also do some research as you have advised.

 

Thanks

[AndyOrch]

Court Date: 06/02/2012 Amount: £124 you paid £89 which as obviously been disregarded.

£89 plus Court fee and sol fee £124????

Andy