Re: How to quantify losses for an irregular CCJ?

[Beagleandrobin2]

I had really bad luck with a letting agent.

 

 

We went once to Court, that now finished.

It's only important because he had my correct address used during that claim.

 

In 2014 he made a new claim against me and gave an arbitrary address for me, not the correct one.

I didn't get any Court papers, but I had a CCJ entered against me.

 

I was refused the re-mortgaging of our home, a new phone, a loan to take advantage of a property opportunity.

 

The CCJ was set aside, but it cost me the fee and time wasted in Court, plus the bad credit and distress.

 

I want to make a claim for damages, but I do not know how to quantify the loss.

How do I put a £number on all the damage?

 

Can anyone help, please?

 

 

I have until Friday to file a counterclaim.

 

Many thanks

[AndyOrch]

Hi Beagleandrobin2 and welcome to CAG

 

I have created your own thread...please continue to post here .

 

Perhaps give a details of the problem and why the claim was issued..the claimants particulars of claim and your intended defence to get further advice.

 

Regards

 

Andy

[Beagleandrobin2]

Hi Andy,

 

Thanks for getting back.

 

During the Hearing to 'set aside' I proved that the claim was fraudulent,

as I was not transacting with claimant and owed no money.

 

 

For lack of evidence from claimant that I owed him money, claim was dismissed,

 

 

but I was given permission to counter claim.

 

 

That's why I need to meet the deadline.

[AndyOrch]

If the claim was dismissed ..how can you counter claim?

[Miss_Dior]

If the claim was dismissed ..how can you counter claim?

 

I am assuming he was able to prove that the letting agencies claim against him was vexatious and is now counter filing for costs.

[Beagleandrobin2]

Hi Andy,

 

Judge said I could counterclaim. Either that or starting a new claim for damages caused by the wrong CCJ, my question remains: How do I quantify the loss? Can I claim for distress, or just pure financial loss?

 

Thanks

[AndyOrch]

Counter claim or allowed to claim wasted costs ?

[Beagleandrobin2]

Hi,

My claim would not be just for wasted costs, but for the loss the wrong CCJ caused by the agent's action caused me.

 

How do I put a £figure on this loss? Has anyone done this to tell me where to start? Monday is my deadline.

 

Thanks

[Ganymede]

Hi,

My claim would not be just for wasted costs, but for the loss the wrong CCJ caused by the agent's action caused me.

 

How do I put a £figure on this loss? Has anyone done this to tell me where to start? Monday is my deadline.

 

Thanks

 

Where did he get this other address from?

[AndyOrch]

Well lets start at what financial loss you have suffered by having the CCJ registered against you...only you can provide that figure.

[Beagleandrobin2]

Here's a list of financial opportunities that I missed out on because my applications were declined:

- could not remortgage our home to use the equity to buy a flat - Jan 2015 price was £ 269,000. Now it is £320,000.

- could not take out a loan (£15-18,000) to pay for house improvements.

- could not get a new mobile phone contract

- could not open an ISA account

How do I move forward from here?

[Ganymede]

What actually losses have you suffered though?

 

 

ISA - You can open one now presumably. Maybe some small amount of interest you missed out on.

New Mobile Phone - Was the new contract less than your current one? When your current contract expired could you not have switched to pay as you go etc?

Loan - Can't you take out the loan now? How has this caused you a financial loss?

Remortgage - Are there no other flats available now that you can afford?

 

 

Remember you have a duty to mitigate you losses.

 

I would still be interested to know where the Claimant got this random address from? Was it an old address of yours or something?

[Beagleandrobin2]

Hi Ganymede,

I don't believe you realise the level of frustration I and my family went through during all these financial refusals, then two hearings, money spent on applications and loss. Why should I have to go through this due to a rogue agent?

I'm sorry, but your answer is not helpful at all;in fact, it's irritating. Put yourself in my shoes! Unless you can offer some advice regarding my question, I will not reply to you.

[AndyOrch]

Beagleandrobin2 have you received any paperwork since the claim was dismissed from the court ...General Order or Directions with regards to your claim/counterclaim/wasted costs as its a little confusing as to how a judge can dismiss a claim and then state you can issue a counter claim...if you didn't initially issue a counterclaim with your defence.

 

Not doubting you but its important to understand what format we are to provide advice.

 

Regards

 

Andy

[Ganymede]

Hi Ganymede,

I don't believe you realise the level of frustration I and my family went through during all these financial refusals, then two hearings, money spent on applications and loss. Why should I have to go through this due to a rogue agent?

I'm sorry, but your answer is not helpful at all;in fact, it's irritating. Put yourself in my shoes! Unless you can offer some advice regarding my question, I will not reply to you.

 

I'm not interested in your frustration as unfortunately the Court's won't compensate you for this.

 

I'm interested in what financial losses you can verify and prove.

 

Your time and Court fees are classed as disbursements and not "special damages" (aka your financial losses).

[Beagleandrobin2]

Hi Andy,

Agent wants to pursue a new claim and on this basis I got permission to counterclaim for the damage caused by his initial bogus claim. If 'counterclaim' is the incorrect word, then I'll file a claim for damages, but my problem is how to quantify the above-mentioned loss?

 

I hope this is clearer.

[AndyOrch]

Okay still no wiser ...you state you have to submit this by friday....can you scan in and upload the court paperwork that directs this.

[Beagleandrobin2]

Sorry, I cannot. The Order says that if there is a counterclaim, it has to be filed by Friday 12 Feb.

 

I'll give an example: In Jan 2015 I paid £2000 reservation fee to buy a flat for £ 269,000, which I could not buy due to the CCJ. Now it is £320,000.

How much can I claim in damages for this lost opportunity that cost me £50,000?

[Ganymede]

Ok so the Claimant issued his first claim which was dismissed.

 

He's now issued a second claim and you've been given permission to file a counter claim in this action but relating to the original dismissed claim?

 

Is that right?

[BazzaS]

Counter claim or allowed to claim wasted costs ?

 

My understanding is : Wasted costs (rather than costs, or costs on an indemnity basis) is a costs order against the other side's legal representative for their misfeasance (and can be applied for by a party

against their own representative).

CPR 46.8

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases#5.1

 

When you say "wasted costs" do you mean "a costs order against the other side" or "a costs order against the other side's legal representative rather than against the other side" ?

[Beagleandrobin2]

Hi Ganymede and BazzaS,

 

Ganymede, you are right. Iam not getting into 'wasted costs', as this is not what I want to claim for.

I want to counterclaim for the financial loss caused by the wrong CCJ brought about by his first bogus claim. Just one example: flat was £269,000 in Jan, 2015 and now it's £320,000 in the same development. So I lost £50,000. What is reasonable to claim for? £10,000? 20,000? The fee for filing is pretty high, so I woouldn't want to waste money. Realistically, would the Court award me losses in the amounts above? I need to decide today.

[Ganymede]

Can you get your deposit on the flat back?

[Beagleandrobin2]

No, it's too late.

 

Can you answer my question, above please. I'm running out of time.

[Ganymede]

My opinion is you can claim for lost deposit only and not the difference in the price of the flat.

[Ganymede]

What did you end up doing?