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Solicitors get CCJ issued but for the wrong amount


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Hi,

 

I'd be grateful for any help on this issue.

 

I bought a new car on a ballon payment finance scheme.

 

By the time it came to pay the balloon payment of £8K I was out of work due to health issues and

 

for about 18 months the solicitors acting for the finance company accepted informal repayments.

 

Finally they applied for a suspended CCJ (to give their client some protection they said)

with repayments by me at the rate of £300 cpm.

 

I did not contest the CCJ as I saw it as reasonable in the circumstances.

 

The CCJ was granted about a year ago and I have managed to keep the payments up.

 

Recently, I discovered that the sum claimed by the solicitors on behalf of their client

had in fact been £1,600 lower than it should have been, due to an error on the part of the solicitors.

 

They are now pressing me for payment of the additional £1,800,

just as I thought I was getting out of the woods.

 

They are threatening further legal action.

 

What can I / should I do?

 

All help greatly appreciated.

Edited by GemBurgess
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Hi,

 

I'd be grateful for any help on this issue.

 

I bought a new car (Honda) on a ballon payment finance scheme. By the time it came to pay the balloon payment of £8K I was out of work due to health issues and for about 18 months the solicitors (Wragge) acting for the finance company accepted informal repayments. Finally they applied for a suspended CCJ (to give their client some protection they said) with repayments by me at the rate of £300 cpm. I did not contest the CCJ as I saw it as reasonable in the circumstances. The CCJ was granted about a year ago and I have managed to keep the payments up.

 

Recently, I discovered that the sum claimed by the solicitors on behalf of their client had in fact been £1,800 lower than it should have been, due to an error on the part of the solicitors. They are now pressing me for payment of the additional £1,800, just as I thought I was getting out of the woods. They are threatening further legal action.

 

What can I / should I do?

 

All help greatly appreciated.

 

Are they "threatening further legal action" for a sum due under a different "cause of action" from their claim that led to the CCJ?.

 

If it is a "different" cause of action then they could proceed.

If it was the same , then they had their chance, and if they go back to court your defence is that their claim has already been adjudicated.

 

If the solicitor claimed the wrong sum, the finance company has the option of an action in negligence against them : nothing to do with you any more!

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Hi,

 

Thanks for the prompt reply.

 

I don't think it's a different cause of action: it's the same car - they double counted some repayments and although the particulars of claim had the correct figure on it, in court (I wasn't there) they said there had been further repayments amount to the £1,800 and so the CCJ was issued £1,800 lower.

 

Thanks.

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Surely this is the same cause of action. They are not allowed to litigate the same twice. If they claimed the wrong amount that is their problem. Given that 18 months has passed I think you should tell them to get stuffed and stick to the CCJ.

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