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i Got an unfair CCJ - can't/lost? appeal - going to ECtHR


barbarasch
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hi,

 

in 2011 I, social worker (locum) suffered a detriment {defamatory reference) after whistleblowing, so I was unable to get work.

 

Informed my creditors and followed CCCS advice to the letter.

 

Only one creditor was not happy with the amount offered,

and despite my explanations as advised by CAB and CCCS took me to Court immediately and

in Aug 2012 eventually obtained a CCJ.

 

FOS have now confirmed in writing that they can't do an investigation as court proceedings had already started when they first heard about the case

(at the time I was still shell-shocked from the main matter, but they did really apply to Court within weeks -).

 

Court of Appeal has refused to hear as the one and only hearing I had (unrepresented as legal aid solicitor refused to advise on this

and no CAB advice was available for this in my region) was seen as a hearing by an appeal judge.

 

How can that be just (ECHR articles 6 and 13 spring to mind!)

- and at this hearing the judge practically bullied me and a transcript was later declined!

 

My verbals and written submission was just scoffed at:

Namely that the application by the creditor had come under false pretences.

They will have known that simply finding the offered payment too low (which they did and I have evidence for that) would not be acceptable

- so their solicitor applied to Court claiming I had refused to pay

- which I had not and I can provide evidence for that as well.

 

Now all legal options in this countyr are exhausted,

and I am thinking to take this to ECtHR, and

 

before I do tell the creditor that I put a monetary value to the damage to my credit rating

and reputation for a false CCJ and do they not rather want to get the CCJ removed

as satisfied rather than suffer delay and potential loss.

 

Anybody got any similar experience/success?

Advice?

 

I must say the main matter is dragging on although now supported by BPBU barrister

and the negative impact on my business continues and will for some time.

Many thanks for any thoughts on this!

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Oh, I forgot to mention that the original creditor was Hitachi and

 

they have now sold the debt to Cabot -

 

who after one initial complaint to FOS are behaving reasonably professional.

 

the whole debt to them is 13,000,

 

Hitachi added some 1,000 in interest which was disputed and

 

FOS would have got them to cancel ,

and I am inclined to argue the loss to my reputation etc

and completely unwarranted as above is 10,000

- so they risk not getting very much at all if ECtHR agrees with me.

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Hi,

 

What was your Defence to the original claim?

 

The Claimant does not have to accept your token payment offer and was perfectly entitled to issue Court proceedings.

 

Did you ask the judge for permission to appeal and was it declined?

 

 

Also, what do you mean you were denied access to the transcript of the trial? The judge can't do this. You need to pay for an official Court transcriber to produce a transcript of the trial.

 

Thanks.

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