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drmk

Could I please get some urgent help about a ccj issued without any default notice or previous bills

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Hi.

I am a doctor who currently practices in London.

 

Me and my wife have been in Canada the last year for doing a fellowship.

 

During this tenure I had rented my flat out and had all my mail redirected via Royal Mail to my father in laws address.

 

I had also contacted my property management company and my leasehold management company by phone.

I had specified to them to email me all correspondence and bills during this period.

 

Unknown too me both these companies are under the same head company.

 

Subsequently I received a bill from my property management company by redirected post which my father in law informed me about.

 

I spoke with them on the phone and they paid the amount and also got a confirmatory email from them that I had informed them about correspondence to be sent via email for the future.

 

During the entire year not once did I get a letter from my leasehold management company asking me to pay a bill of 150pounds as the yearly leasehold fees.

I also have not had a default notice sent to me on the redirected address.

 

Three days after I move back to London I have now received a CCJ from the Northampton Court dated the 11th of December.

 

It states that I owe this company 150 pounds as leasehold fees and 550 pounds as debt and interest totalling to a 700 pounds!!!

 

I want some advice on how I need to tackle this issue from here.

 

Should I approach the court or should I speak to the company?

 

I do not want to pay the 700 pounds but am more than happy to clear the 150 pounds which I owe the company.

 

I also understand that if I pay the entire debt within a month of this CCJ which means the 11th of January I will not have this registered against my credit rating..

..but at the same time it is not fair that for no fault of mine and without a notice I have to pay 550 pounds extra...

 

PLEASE HELP ME WITH SOME ADVICE.

 

Regards,

Doctor

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if its not a CCA , i dont think they have to.

 

 

i've moved your thread to the legal forum for help

 

if you've not received an N1 claim form and did not have the chance to put in your defence etc etc

 

you can easily get it set aside

 

dx


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You should certainly apply for a setaside. Begin that process ASAP.

If you can show that you did not receive the claim form and that you have a good chance of succeeding then your setaside will succeed.

 

Once the seataside is granted - there will be no CCJ and if it has been registered, you begin immediately by having it removed.

 

You will have to provide a reasonable defence to the claim.

Your defence will be that you are not indebted to the claimant as alleged because they did not provide you with a bill for the debt as provided for by the contract.

Your position will be that they they were contractually bound to let you have all correspondence by email and that in fact had agreed to do so.

You should also put in a counterclaim for their breach of contract. Claim a very modest amount - a symbolic £50 for the trouble and expense caused by their breach.

 

I suggest that you pay them the £150 - admitted amount immediately.

Call them and tell tham that you are going to apply for a setaside and will they agree. Tell them that if they will agree then that will be the end of the matter. Tell them that if they will not agree then you will apply anyway and you will file a counterclaim as well.

 

If they agree then get their written consent and supply that to the court as well as your N244. The setaside will be automatic.

If they do not agree then proceed as described above - but pay the £150 straight off anyway.

They are not entitled to refuse the payment and hold out for the entire sum.

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Hi dmrk and welcome to CAG

 

Have you actually had judgment made against you or is it just the summons you have received (N1)?

 

Regards

 

Andy


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Dear Andy and Bankfodder,

 

Thank you so much for replying back to me.

 

It is a judgement.

 

I have been on the phone the entire day speaking with my property management company, their solicitors and the county court.

 

So to clarify

I have had a judgement passed by the court since I did not respond to the claim form ( which I have yet to receive)

 

I have evidence of my mail being redirected to my father in law's house in my absence

and there is nothing that has come through this whole year inspite of the management company stating they sent 5 notices and an action threat!!!!

 

I have also evidence of the fact that I have been out of the country for this period.

 

On speaking with the management company

they claim to have no records on their system where I verbally ordered them to correspond with me using my email..

..in the solicitors have gone ahead and processed the entire claim amount + 240(legal fees) which now amounts to 940 (for a 150 pound charge)

with my mortgage lending bank by sending them the ccj.

 

The bank paid them without so much as calling me or sending me a mail to this effect.

 

Now the judgement will be erased by the court.

 

I want to know if there are any options for me to fight this blatant violation.

 

Regards,

mk

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Dear Everyone,

 

Just a final piece of advice.

Is my bank allowed to settle my CCJ without sending me any letter/ calling me/ emailing me.

Even though the date was well within the one month notice period?

 

Regards,

MK

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