Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Found unknown Ground Rent CCJ - Was Set Aside by Consent - then rejected by judge ***Set aSide***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2490 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

It would be literally life changing if you can help with this one!

 

Last year I checked my credit file and found I had a CCJ.

The claimant was the managing agents for a flat I owned,

the amount £1314 and it was registered in November 2012.

Being a bit worried about the word CCJ

I paid it immediately (Dec '14)

and then set about investigating it.

 

It turned out that despite notifying them of a change in correspondence address (I moved out and tenant moved in),

they had been writing to the flat to notify me that my standing order for ground rent wasn't set up properly (I think after changing bank accounts).

 

The tenant, I'm sure thinking he was being helpful, kept my post safe for me until he moved out!!

The pile was nearly 1m high when I eventually reclaimed it!

 

After a bit of internet investigation I figured I had grounds to have the Judgement Set Aside by Consent

- I spoke to the claimant and they agreed to have it set aside

they got their solicitors to issue a "Consent Order".

 

I sent this with the correct forms and my own explanation of events to the courts along with £50.

 

After 10 days or so I received a letter back from the courts telling me that my application had been rejected as the judge felt my application amounted to "credit repair".

 

It went on to say that the judgement was paid and would be marked satisfied on my credit file. Fair enough I thought...

 

That was until I recently applied for a mortgage and the underwriter informed me that I was "out of policy" until the debt had been cleared for at least 3 years.

 

You can imagine how frustrated I am now with hindsight that the judge had felt it necessary to reject my application.

Why would ANYONE want a judgement set aside if it wasn't to repair or reset their credit?!

 

Surely he should of considered the facts rather than base his decision on opinion?!

I paid a debt as soon as I found out about it and I've ended up with a 3 year sentence

- you'd get as much for aggravated assault!

 

I've spoken to the court again and despite it being longer than 7 days,

I can apparently fill in a different form and send another £50 to appeal the judgement.

 

My question,

albeit a little long-winded, is:

 

what chance have I got of winning an appeal?

I don't want to throw another £50 at this and end up with the same result

BUT if I knew I could get it set aside,

I'd happily pay a hell of a lot more!

 

If someone thinks they might be able to help,

I'd happily pass on any documentation I have.

 

Thanks.

Link to post
Share on other sites

In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you. The court can deal with consent orders as an admin process without involving a judge but that's only if both parties have legal rep. If one party is a LiP then the consent order has to go to a judge for approval and looks like you were unlucky to catch one having a bad day.

Link to post
Share on other sites

Consent orders are legal docs which have to be completed properly and in the correct wording & legal format so it's hard to say without knowing what the consent & schedual contained. You say you enclosed with the consent order your own explanation of events but I don't think that's allowed as everything has to be done and worded properly within a consent order and schedual signed & dated by both parties.

Link to post
Share on other sites

Again - thanks for taking the time to reply. I'd be happy to attach the consent order that was put together by the claimant's solicitors but all it really contained was the case number, the claimant details, the defendant details (i.e. me) and said:

 

"By CONSENT it is hereby ordered as follows:

 

1. The judgement of 25th November 2012, having been paid in full on 5th December 2014, be set aside

2. No order as to costs.

 

Signed....."

 

You say it's not really allowed to add my own explanation of events but the N244 (the form requesting the CCJ to be set aside) asks for it so I thought it would add weight to my case. The consent order doesn't say anything about the reasons for the judgement being set aside.

 

Anyway, I can't really go back and change anything, I was really just hoping to get some advice around what to do next...

 

You mentioned that if I had a solicitor complete the N244 on my behalf, the case would have been settled by administration - surely this is some sort of grounds to lodge an appeal?!

Link to post
Share on other sites

Thread moved to 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 OTHER

 

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

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

Link to post
Share on other sites

On the face of it I can understand the judges decision as it does read as though you're just trying to get the ccj removed to improve credit rating.

 

If the claimant was willing to help by consenting the set-aside I think a better worded consent would have helped.

As an example something along the lines of the claimant admitting to sending invoices & the claim form to the wrong address even though they did have your correct address therefore obtained default judgment in error as you were unaware of any debt or claim.

 

Once you were aware of the debt you settled straight away and would have done at the time of invoice if the claimant had used the correct address.

 

If the claimant is on side and willing to support then I think agreeing the consent order worded to show you do have grounds to set-side judgment would have helped.

 

I'm not sure of the appeals procedure but if you could get the claimant to support any appeal admitting their wrongdoing in using the wrong address I suppose could help.

Link to post
Share on other sites

You can have a judgment set aside after payment and I have dealt with hundreds of applications of this sort that are made once the judgment has been settled even years later and which we deal with by Consent Order as is in your case (no point objecting when there is no balance left as it costs money attending court)

 

In that time I have only known of one that was rejected by the judge as he too saw it as a credit cleansing exercise but all other times they are approved without question even though most of them are for the same reason.

 

You have caught a judge on a bad day and as suggested the wording of the order did not aid you as when we do these there is no mention as to why the judgment is to be set aside just that it should be and that we agree.

 

Not sure about appeals but there may be a time limit after the Order from the court that an appeal should be made within.

Link to post
Share on other sites

sorry for lack of response - I've been away from a computer.

 

Steampowered - yes indeed I did. It read:

 

"1. The claimant was informed that the defendant was moving on 5th November 2011 from xxx to xxx and that any correspondence should be sent to the new address.

 

2. The claimant and those acting on their behalf (namely SLC Solicitors) continued to send correspondence to the previous address.

 

3. The tenant at xxxxx was collecting (rather than forwarding) post and had not informed the defendant of the collection.

 

4. The defendant did not receive any communication about any court action until after the CCJ had been issued.

 

5. All debts are now completely satisfied.

 

6. Based on the above, all parties consent to the judgment being set aside."

 

Panther12 - again thanks for the comments, I'm sure they will be helpful to those looking to get a judgement set aside but for me, I really need advice on how to appeal.

 

Ganymede - thanks for the input but you definitely CAN have a judgement set aside post-payment.

 

Kjun - thanks for the input. I do think the claimant's solicitors were a little daft in that regard. I provided them with a much more elaborate statement to sign but they opted for the consent order with very few words.

 

Can anyone recommend a firm of solicitors that might be able to help?

Link to post
Share on other sites

mikeymack2002 - understood. Is it fair to ask what search terms I might use to find a suitable firm?

 

The Law Society has a Find a Solicitor function that lets you input what area you live in and the speciality you're looking for. Then you can ring a few firms and see if you think they can help you.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

  • 2 weeks later...

So yesterday I had some amazing news... My CCJ has been set aside!!

 

I'm just awaiting written confirmation (which should arrive tomorrow) and as soon as I receive it, I'll detail what I found out and what I did so that anyone unfortunate enough to be in a similar situation can take the advice they need.

 

Thank you to everyone that commented - ALL of the information was helpful towards me taking the action I did.

Link to post
Share on other sites

Well done ...great news...

 

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 OTHER

 

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

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

Link to post
Share on other sites

  • 1 year later...

Thanks for sharing your experience.

 

 

I know this thread is a bit old and sorry to resurrect it,

but I find myself in a similar situation and I've been looking all over the web for some guidance.

 

 

This is the closest to my situation.

 

Could you please share what more you did to get yours set aside?

 

Thanks very much in advance

Link to post
Share on other sites

start a new thread

 

 

no good posting here it long dead.

 

 

dx

 

 

closed to prevent additional newbie openings

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2490 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...