Jump to content


  • Tweets

  • Posts

  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

CCJ - chances of getting it set aside? Court refusing to approve consent order as a "credit whitewash"?


Please note that this topic has not had any new posts for the last 2501 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have (had) an excellent credit rating and have a job that would be affected I think by having a CCJ.

My mum bought a property 15 years ago and put in my name but she continued to live in it, we had a deed of trust saying she was responsible for all the bills, and all bills were in her name,

She passed away at the end of 2012 and I was her executor, I looked at all her papers and contacted all the relevant parties, utilities, council tax etc to let them know my details and that I was now responsible for bills. The property was a flat and there is a managing agent, I told them my details. However I didn't realise that ground rent is collected by a separate company and did not contact the agent for the freeholder (my mistake).

6 month after my mum died I let the property out, the tenants said they'd pass on any post after that time. As the ground rent is only due every year and had been paid just before my mum died, no letters about the ground rent arrived before the tenants moved in.

 

Today the tenant contacted me with a letter she opened as it was addressed to the occupier, it transpires the ground rent of fifty quid was due in October 2013 and as it has not been paid, the landlord got a CCJ in January! The tenant said a few letters had come in the last few months but she'd just put them aside for me for next time I came round. I had no idea this money was due, I thoughtI had faithfully notified all possible third parties of my details when my mum passed.

 

I am willing to pay the full amount due including all the added costs and charges (which seem fairly reasonable for solicitors, the total is now about £ 250), however I am desperate to have the judgment removed from my credit rating. As the judgment was more than 28 days ago apparently even if paid in full it will stay on my credit file for 6 years. I spoke to the solicitors today and they say as they served on my last known address (and checked the land registry, property in my name, no other address for service) that unless they have done something wrong, the court is likely to refuse even an agreement to set the CCJ aside as the the judgment was correctly obtained. Apparently the solicitors have been refused consent orders to set aside in similar circumstances as an attempt to "credit whitewash" so they say there is nothing they can do to help me with regards to my credit rating even if I pay in full now. My credit rating is ruined for missing a one off payment of 50 quid that was less than 3 months overdue when the judgment was obtained! The ground rent of 50 quid per year was due a year in advance so the rent period it covers hasnt even expired yet (ends Oct 2014).

 

The only thing I can see possibly wrong with what they did is that I think they may have claimed for a letter they didn't send, they sent me copies of all correspondence today and I can't see in that correspondence a reminder letter they claimed 45 quid for. They may have just forgotten to scan and send it to me but I've asked them to check. Would a wrong amount claimed for be a ground to set aside? I haven't yet got a copy of the claim form as I apparently need to ask the court for that, although tenant is now sending me all the post (!!!)

 

If I explained the circumstances to the court in an application to set aside, i.e. genuinely thought had notified of address, but they obtained CcJ so quickly did not have time to collect my post, do you think I have any chance?

 

Please please can anyone help with any ideas of what to do now. Many thanks in advance.

Link to post
Share on other sites

Thread moved the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...