CCJ Issued againt me I did not know about / selling vehicle.

[mjt2013]

As for the clash with your exam, make an application to adjourn on Form N244 and include evidence from the exam board confirming that you have to sit an exam that day.

[Astronomyphilly]

The court won't dismiss because you don't have any assets. The decision whether or not to pursue a CCJ is a decision for the Claimant not for the court. Of course even if he gets a CCJ he might not be able to enforce it if you don't have any assets.

 

You need to be prepared to explain why you didn't receive the papers and what your proposed Defence would be at the hearing.

 

Thanks for that. Yes I explained my defence as per I've states on here and the fact that the document s were never recieved as per the cpr rules.

 

Can someone just clarify as this whole thing just seems a nonsense and surely cant be allowed? Otherwise people would be claiming for ccjs left right and centre everytime they buy something and then change thier mind.

 

He bought a vehicle, attempted to fix it up, tries, realises he cant for whatever reason, then 7 months later claims this.

 

Surely, ultimately, whatever state the vehicle was in in simply comes down to he did not have to buy it, at all, ever. Isn't it buyer beware with private vehicle sales?

[Astronomyphilly]

When you say they wont dismiss on that basis, its down to him - what I'm getting at is, is this right in the first place, can you do this for a car you willingly bought, have had nearly a year then change your mind. I never received the documents so the case and what it was was never even looked at.

 

It all just seems wrong

[slick132]

Hi Astro,

 

This all happened because the Claimant had an address for you where you didn't live and your mail was not forwarded or monitored. That's how the CCJ was given in default - because it was neither acknowledged, or defended, by you.

 

It may seem wrong to you but, from the court's point of view, you failed to respond to the claim so judgement was made against you. Focus on getting the judgement set aside so the matter can be heard again, including your side of the story.

 

Seek an adjournment of the set aside hearing as suggested in post #51. Also tell the court of any other dates coming soon when you can't attend.

 

[Dundee Cake]

I can't add anything to what already has been said except to say that to get the Judgment set aside should not be a problem.

Where you seem to have a problem is to formulate a defence. Courts deal with facts and are usually disinterested any emotional arguments.

[Astronomyphilly]

I can't add anything to what already has been said except to say that to get the Judgment set aside should not be a problem.

Where you seem to have a problem is to formulate a defence. Courts deal with facts and are usually disinterested any emotional arguments.

 

That's what I'm getting at, the facts are he bought the vehicle AFTER viewing it and deeming it acceptable, fixes it up for nearly a tear then decides he's had enough and I get this CCJ? How can that even be allowed, it's completely absurd.

 

He didn't have to buy it.

[Astronomyphilly]

Hi Astro,

 

This all happened because the Claimant had an address for you where you didn't live and your mail was not forwarded or monitored. That's how the CCJ was given in default - because it was neither acknowledged, or defended, by you.

 

It may seem wrong to you but, from the court's point of view, you failed to respond to the claim so judgement was made against you. Focus on getting the judgement set aside so the matter can be heard again, including your side of the story.

 

Seek an adjournment of the set aside hearing as suggested in post #51. Also tell the court of any other dates coming soon when you can't attend.

 

 

 

Well I got the form away notifying the clash with an exam and the few I have coming up over the bummer as days unavailable. Having heard nothing since last posting on here I received a letter yesterday stating that the application to set aside the judgment be dismissed due to not being able to attend the hearing!!???

 

What on Earth is going on, now where do I stand?

[Dundee Cake]

I suggest you phone the court office and seek their guidance as to what you need to do. The court will not be able to give you any legal advice on the claim but will be able to help on procedures.

If you want to have this matter resolved you really need to get your finger out. Winging on CAC won't do it for you. Many here have tried to 'drag you to water', but only can drink.

[slick132]

I received a letter yesterday stating that the application to set aside the judgment be dismissed due to not being able to attend the hearing!

 

Was this a Notice from the court ?

 

Can you confirm the exact wording of the decision.

[Astronomyphilly]

I suggest you phone the court office and seek their guidance as to what you need to do. The court will not be able to give you any legal advice on the claim but will be able to help on procedures.

If you want to have this matter resolved you really need to get your finger out. Winging on CAC won't do it for you. Many here have tried to 'drag you to water', but only can drink.

 

Thats's a bit harsh and not exactly helpful or in the spirit of this site. I've heeded all help and advice of those offering it since I started this who've been helping since the beginning.

 

Nobody is whining, I'm simply stating I find it astonishing that such a case or situation can be brought about in the first place simply because the claimant has decided he no longer likes something he willingly bought nearly a year later.

 

My defence is quite simple, he viewed the vehicle and bought it, he didn't have to.

[Astronomyphilly]

Was this a Notice from the court ?

 

Can you confirm the exact wording of the decision.

 

It was, and states:

 

"Upon hearing the claim and the defendant not being able to attend it is ordered that the application to set aside the judgement be dismissed"

 

"The claimant has permission to amend the claimants name to ----- and ----- trading as --------"

 

"re service of the amended claim is dispensed with"

 

That is all it says apart from the date, court office claim etc.

[AndyOrch]

It means that your reason to request a set a side is not acceptable or valid...the judgment stands.

 

Andy

[Dundee Cake]

I'm indeed sorry you took offence. I was trying to help you on Court procedures. Have you phoned the court? As I have hinted on a couple of times twiddling your thumbs won't get you anywhere.

People on CAC can offer you all the advice in the world but only you can act!!!!

Only the court can establish the validity of your claim/defence.

[Astronomyphilly]

It means that your reason to request a set a side is not acceptable or valid...the judgment stands.

 

Andy

 

Thanks Andy but I thought not receiving the documents as per the CPR rules was enough of a valid reason and they had to allow the set aside and give me my 14 days to file that defence?

 

Any thoughts or ideas where to go next? Should I contact the chap himself perhaps as well as the court? Are there any other options?

[Astronomyphilly]

I'm indeed sorry you took offence. I was trying to help you on Court procedures. Have you phoned the court? As I have hinted on a couple of times twiddling your thumbs won't get you anywhere.

People on CAC can offer you all the advice in the world but only you can act!!!!

Only the court can establish the validity of your claim/defence.

 

I'll phone the court this afternoon and I have followed all advice given, which without I would've been stuck and for that I'm grateful for. I'm just confused where to go now and how such a thing is allowed in the first place, he didn't have to buy the car you know.

[AndyOrch]

Just reading back..the order refers to your none attendance at the set a side hearing your application to adjourn has been refused...you didnt attend so the set a side is denied.

[slick132]

Hi Astro,

 

Did you contact the court using Form N244 to seek an adjournment of the Set Aside application and did you enclose evidence of the exam's time and date ?

 

[Astronomyphilly]

Hi Astro,

 

 

 

Did you contact the court using Form N244 to seek an adjournment of the Set Aside application and did you enclose evidence of the exam's time and date ?

 

 

 

 

 

 

I did.

 

Apologies for the long delay, I've been back at university and hears nothing of this since. Untill this morning when my partner called and said there was a guy at the door looking for me. She said he had ID but never showed a warrant or anything like that. He was in jeans a jacket and had a white transit van - bailiff?

 

Anyway, she told him nothing shut the door and told me about it.

 

Starting to bother me now. You've all been lore than helpful bur I just can't understand that buying a vehicle, AFTER deeming it acceptable, keeping it for months then demanding your money back is allowed? It just seems totally incredible?

 

Any ideas on where to go next. Bear in mind we still don't know who this chap was, he didn't give a name or anything. Said he was looking for myself and left after pestering my partner for her details.

 

Cheers guys

[BRIGADIER2JCS]

 

 

 

I did.

 

Apologies for the long delay, I've been back at university and hears nothing of this since. Untill this morning when my partner called and said there was a guy at the door looking for me. She said he had ID but never showed a warrant or anything like that. He was in jeans a jacket and had a white transit van - bailiff?

 

Anyway, she told him nothing shut the door and told me about it.

 

Starting to bother me now. You've all been lore than helpful bur I just can't understand that buying a vehicle, AFTER deeming it acceptable, keeping it for months then demanding your money back is allowed? It just seems totally incredible?

 

Any ideas on where to go next. Bear in mind we still don't know who this chap was, he didn't give a name or anything. Said he was looking for myself and left after pestering my partner for her details.

 

Cheers guys

 

 

Emm could be a bailiff but they mostly seem to have adopted wearing some form of " black pretend police style"

uniform, process server possibly, court papers delivered, often regarding " means" hearings some DCAs like to do this, 1st Credit for one.

 

 

Reading back a little this seems the most likely.

[Dundee Cake]

Dear Astronomyphilly, I am indeed sorry to hear that the bailiff is knocking on the door, although my sympathy is somewhat limited. The words 'you can take a camel to water but you cannot make him drink' spring to mind. All on this thread has given you good and proper advice but it seems to me that you have merely buried you head in the sand in the hope it would go away.

It won't. My last and final uttering on this matter go and consult the CAB. Remember the courts only deal with facts and not your feelings and emotions. Collate all the facts and papers you have and go and see them. The plaintiff obviously thinks that he has a good case. It is up to you to prove that yours is better.

Good luck

Dundee Cake

Edited October 10, 2014 by Dundee Cake
Spelling mistake

[citizenB]

Dundee cake, whatever our feelings about the OP - CAG and its members tries very hard not be judgmental.

Edited October 10, 2014 by citizenB
grammar

[Astronomyphilly]

Dear Astronomyphilly, I am indeed sorry to hear that the bailiff is knocking on the door, although my sympathy is somewhat limited. The words 'you can take a camel to water but you cannot make him drink' spring to mind. All on this thread has given you good and proper advice but it seems to me that you have merely buried you head in the sand in the hope it would go away.

It won't. My last and final uttering on this matter go and consult the CAB. Remember the courts only deal with facts and not your feelings and emotions. Collate all the facts and papers you have and go and see them. The plaintiff obviously thinks that he has a good case. It is up to you to prove that yours is better.

Good luck

Dundee Cake

 

Hello mate,

 

Look Ive done all thats been asked and or acted on every piece of advice given. I just dont get the time to update things on here as often as I would like.

 

I'll give a quick overview of where I'm at and if the chap that visited was indeed trying to collect on the CCJ (we dont know, said very little) I will find out the appropriate court and send my defence again with everything that I have to date proving it.

 

So, to summarise if anyone else can offer advice legally where I stand

 

I advertised a vehicle for sale, a project car I could no longer finish, in many parts and pieces but all was there to complete it.

 

There was an error or more appropriately a isunderstanding in the advert. It was advertised as a 1994. This was indeed the year of the engine but not the car. This was explained to every enquirier on the phone.

 

One guy was really interested, many calls and chats about the car, plenty of emails showiing the rust and bad points and we covered evrything as you would.

 

Sent me a deposit to hold the vehicle as was inundated with requests for it.

 

He came to view the car and after ( im assuming as you would ) deeming it ok trailered it back home. His choice, the vehicle was there for him to inspect as he pleased, I ahd declared everything I was knowledgable of and ultimately he did not have to buy it. It was his choice.

 

Emails then arrive stating it was not as described, hed found this and that etc etc. I have a feeling he was simply overwhelmed or did not have the skill or time to complete the work required.

 

I offered to help sell the vehicle to one of the other buyers and duely put him in touch. I got more threatening emails demanding this and that, texts and phone calls. I took this to the police and after passing on his details I heard noting more.

 

I then months later recieved the paper work ( late as I was away ) to defend a ccj claim for around £3400, over twice what hed paid. Gave my defnce but couldnt attend vor an exam so sent the order for that to be changed with my exam schedule.

 

I heard nothing after that. Have since moved to Scotland to complete my Msc.

 

Yesterday knock at girfriends door back home with a chap asking for me and some ID saying he was from hmc or something or other, she said he nevr said much othe rthan to ask her details nad then left.

 

So thats where im at, if this is to do with that is simply getting together all that evidence again and firing it to the court the best thing to do? Are there other options?

 

Id rather she not be pestered with knocks at the door all hours of the day and night. Being on her own with a young autistic daughgter to look after its last thing she needs and downright stressful and scary.

 

Thougts or is the above all I can do?

 

I appreciate all help and advice.

 

Thanks in advance

[slick132]

Hi Astro,

 

My post #67 above in April asked you about this and we got no reply from you. By not reacting promptly to the court action, you have compromised your chance of defending the claim against you.

 

It looks like you're stuck with a CCJ against you and it sounds like Bailiffs are now instructed in the matter.

 

Because of the delays that have occurred, you may be unlikely to have the Judgement against you Set Aside or reconsidered at all.

 

If someone calls again seeking payment, your partner should ask for the bailiff's contact details so you can try to agree a repayment plan. Unless you give the Claimant and/or bailiff your current address, they will continue to visit your last known address.

 

[steampowered]

Unfortunately I agree with slick132. It will be very difficult to do anything about this CCJ now. Legally, this has already been through the full court process.

 

The first reason is that you already applied for a set aside and did not attend the hearing. It is not clear to me what happened in between you asking for the date to be changed and hearing going ahead, but I don't think it really matters now.

 

The second reason is that the rules require you to apply for a set aside 'promptly'. The meaning of 'promptly' depends on the circumstances, but the courts suggest that in general it means a maximum of 1-2 months. You are clearly long past that. The courts will not look kindly on the fact that you knew about the outcome of the set aside hearing in April but did not do anything about it until October.

 

You could try to have the CCJ set aside using form N244, but I think the chances of you succeeding on this are quite low. You would also have to give your address which obviously would help the bailiffs find you.

 

Otheriwise, you are left with the option of hoping the bailiffs don't find you and the claimant gives up (remembering that if they do find you, you will be liable for the extra costs incurred). You could also try to find some way of dealing with the debt, such as offering to do monthly payments. You can get debt advice from nationaldebtline.