unknown boiler servicing company CCJ found

[UKDomains]

I signed up for a free credit report on checkmyfile and discovered a CCJ against me for £24 from a company that I thought I had dealt with the beginning of last year.

 

It is a boiler servicing company that came to sort out our boiler in the home we rent, and due to communication problems from our letting agent, dates and times were confused, which resulted in cancellation fees being added to the account and I refused to pay this.

 

This company eventually applied for ccj against me on MCOL. I spoke to the person in charge at the boiler company, explained that due to our letting agents not informing us of the time his company was supposed to be repairing the boiler etc, I would not be paying the amounts. Eventually sorted it out with the company that I would only pay the engineer call-out fee of £24.

 

I went online at MCOL and put in my defence the whole story that a 3rd party did not inform us, and that the company and I had come to an agreement that I would pay the outstanding £24 on the 23rd of January 2012. (Next day) this was done. Judgement date was the 26th of January 2012.

 

I rang up the boiler company now to speak to the accountant who I dealt with last year, who confirmed with me that he had received the paperwork, payment etc, and was very apologetic that I basically had a CCJ against me. He has promised to send 1st class letter on headed paper today that I had indeed paid the amount specified before the judgement date and that he considered the matter closed and should not have reached CCJ status.

 

I rang up Northampton CCBC who confirmed that this was ok and that I should send them a copy of the letter.

 

Question: What do I do now when I receive the letter? What forms do I need to complete to have this CCJ struck off my record?

 

Any help greatly appreciated.

[UKDomains]

Well I got a letter from the company concerned that states I paid the amount, £24, in full before the judgement date.

 

Spoke to Northampton CBCC this morning who said the company should have cancelled the application before the judgement date, and they should now fill in form N244 and pay £45 court fees to have the judgement cancelled.

 

I offered the pay the £45 just to get rid of this bogus CCJ. Hopefully the company will now make it a priority to get this sorted out.

*sigh*

[citizenB]

£24.00.. they issued a claim and obtained judgment for £24.00 ??

 

I will try and find out what you or the Boiler company needs to do.

[UKDomains]

thanks. Yes....£24. Unbelievable.

[steampowered]

What an unfortunate situation.

 

I think the advice you were provided by Northampton CCBC is technically correct. You (or the creditor) would need to make a formal set aside application on form N244. You would need to accompany this with a witness statement explaining what happened, attaching the company's letter.

[UKDomains]

Reason why I would like to boiler company to do it, is apparently it would only cost £45. If I did it, it would apparently cost £80. Don't know why the difference. but seeing that I offered to pay the £45, it would work out cheaper for me. lol.

[citizenB]

Perhaps ask the company if they will make the application ?

[UKDomains]

Yes, I have sent all the info to the company requesting they complete the forms. If they do it, it would only cost £45. If I have to compete the set aside, it would cost me £80.

 

Made a few references that it has damaged my credit record and that they were meant to cancel the CCJ before the hearing date, which they never did.

[citizenB]

Yes, I have sent all the info to the company requesting they complete the forms. If they do it, it would only cost £45. If I have to compete the set aside, it would cost me £80.

 

Made a few references that it has damaged my credit record and that they were meant to cancel the CCJ before the hearing date, which they never did.

 

Yes, IMHO a simple apology is not sufficient. If they knew the amount had been paid, then it would have taken a click of the button to say so.

 

Please let us know how you get on

[UKDomains]

right, update time. After hounding the company for nearly a month, i received in the post yesterday a copy of the MCOL paperwork sent to the company, as well as the N244. which states I had paid them the £24 before the judgement date and that "due to a lapse in the paper trail" this had not been cancelled before judgement date and that the CCJ had been issued in error and that it was unfair judgement. Nothing else. (I can scan if anyone wants to read the correct wording used and if anyone is interested.)

 

So now I'm kinda peeved. I was basically originally forced to pay £24 to avoid the CCJ. (Amount due was caused by our letting agency not giving us the correct date of boiler repairs), and I requested the boiler company to submit the set aside as it would apparently only cost them £45, whereas if I submitted it, it would cost £80.

 

I even offered to pay the £45 to have the set aside sent, as it was their error which caused it.

 

So basically I'm £104 out of pocket through no fault of ours. GRRRRRRRR.

 

Ok, end rant.

 

What do I do now?

 

1. Make copies of all paperwork

2. Send paperwork to Northampton CCBC?? (Proof of delivery??)

3. Do I need to include a covering letter explaining?

4. How do I pay? Cheque?

 

Please advise, I've never done this before.

[steampowered]

A few preliminary questions before steaming ahead. Do you have clear, unequivocal written confirmation from the company confirming that you paid the money before the date of the CCJ? Do you also have the company's written agreement to withdraw the claim if you paid the 24? I ask because some companies would want you to pay the issue fee as well before withdrawing.

 

If so, at the same time as applying for the set aside, you may consider seeking an order that the company must reimburse you for the court fees.

 

Am I correct to think that the judgment was awarded 26 January 2012? If so, can you explain when you became aware of the judgment and what happened in that 18 month gap?

[UKDomains]

Hi Steampowered, thank you for looking at this. Please see answers below to your questions:

 

I have the following from them:

 

1.Completed N244 with the following:

a. the company name

b. 2. ticked box Claimant

c. they have written in box 3. "What order are you asking....." "CANCEL CCJ AS PAYMENT IN FULL WAS RECEIVED PRIOR TO 26/1/12"

d. Box 5 on how they want application dealt with: without a hearing

e. Box 10, in support of your application they have ticked the bottom box "the evidence set out in the box below and have written:

 

"An error occured in the paperwork trail whereby payment was received but the CCJ was carried through. Payment was received prior to the Judgement and CCJ has been awarded unfairly"

 

Then signed Statement of truth.

completed box 11 with Applicant details and contact details.

 

Then they have attached a copy of the forms from the court titled "Notice of Part Admission" from MCOL dated 23rd January 2012 in which they have been told to complete lower half of form and send back to court before 11th Feb 2012, and to send me a copy as well (NEVER RECEIVED MY COPY)

No further action will be taken by the court until the form is received. (So why was a judgment issied 3 days after this form? Because I admitted part liability? Luckily I had paid before the 26th?)

 

They have ticked Box B (I ACCEPT the amount admitted by defendant in satisfaction of my claim) and ticked box "I accept defendant's proposal for payment"

 

Section C Judgment Details, they have ticked box I would like the judgment to be paid immediately and at the bottom "Amount payable by defendant= £24"

this is dated 25/01/2012

Date of payment = 23/01/2012 as I had discussed this with the accountant/consultant on the phone and he agreed if I paid, he'd complete the £24 and that I'd paid it.

Date of judgment = 26/01/2012

 

I never received ANY further paperwork from this Company/Northampton CCBC regarding this, and I had thought as I had paid before judgment, this had all been stopped.

I discovered that I had a CCJ on my credit file when I signed up for a trial version of checkmyfile and it showed that I had a CCJ on my Equifax credit file.

I am subscribed to Callcreditcheck and Creditexpert and it does not show there. Checkmyfile states it has not been reported to Callcreditcheck, only to Equifax, which I did not have a subscription to.

 

Also, as a final note, even on my checkmyfile record, it states the CCJ is for the following:

 

MRS S. SURNAME

I am MR S. SURNAME

 

MCOL paperwork also states MRS S. SURNAME as defendant. My wife is MRS T. SURNAME.

 

I also noticed that I had been refused over the past 18 months for various credit card applications, and even our Ltd company application for a Barclayscard (in the Ltd companies name) was refused, and the application refusal mentioned looking at Equifax, which I never did as I thought it would contain a few similar entries as my creditexpert subscription showed.

Edited August 19, 2013 by UKDomains

[UKDomains]

Just wondering what I should do now with the completed N244 and thoughts on what I posted above?

[citizenB]

I will alert steampowered to the post UK.. I am sure he will look in as soon as he can

[steampowered]

The completed N244 would need to be submitted to the court which issued the judgment, together with the appropriate fee.

 

I think you need to as specific as you possibly can - which judgment are you referring to (for example the date), the fact you are applying for a set aside, and you need the proper claim number in there so that the document can be located.

 

I have to admit it sounds like we have not quite got to the bottom of this and don't know exactly how the CCJ was granted (and hence do not know for sure the correct CPR rule to cite). You should try to get a copy of the CCJ from the court if at all possible.

[Ganymede]

Sorry to butt in but the OP has made a partial admission of £24.00 hence the CCJ.

 

Would it not make more sense to apply for a Certificate of Cancellation as the CCJ has been paid in full? This only costs £15.00.

[steampowered]

Thank you Ganymede, I think you are right. It sounds like the Op admitted liability for £24 and the claimant accepted that admission (which also counts as requesting judgment). I have to admit it is not totally clear to me what should happen in these circumstances, since this is not the kind of situation the set-aside provisions in the CCJ were created for.

 

Asking for a certificate of cancellation would probably be a better route.

[UKDomains]

Hi, sorry for delay in replying.

 

Yes I think I admitted part liability as we had agreed to £24 and not the £200-odd that they wanted to make me pay.

 

Thank you very much for pointing me in the direction of a certificate of cancellation. Just spoke to a very helpful lady at Northampton CCBC who gave me the same information as yourselves, and said I would just need to send in a covering letter, stating what happened, copy of letter from claimant stating I paid before judgement date, and a cheque for £15 and they will sort it all out for me. If they need any further information, they would contact me.

 

Again, confusion about who the CCJ was actually issued to, as they show Mrs S. SURNAME. Explained there isn't a Mrs S. SURNAME, only me, Mr S. SURNAME. lol