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Help needed with CCJ

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Hoping someone can help,

 

I have recently discovered a county court judgement on my credit file.

I had a debt from about three years ago, have moved house and country,

I use my daughters address in the U.K. For mail.

 

I had a letter from BW Legal a few months ago regarding the debt for £161,

but being honest I just thought I would sort it out later but never did,

 

then on the 4th October 2016 I had an email from them

" NOTICE OF COUNTY COURT CLAIM ISSUED",

and the debt had risen £250.94 including court costs and solicetor fees.

I had no contact with them

 

on the 7th November 2016, two weeks after I returned to the UK for work,

in the evening I went online and paid £250.94 as I didn't want a ccj on my credit record.

 

Then at the end of November I checked my credit score via my credit card, as I'm trying to improve it, and it had dropped through the floor,

 

I sent off for a copy of my record to find BW Legal had applied for a judgment for £272.94, and the judgement was issued on the 8th November, the day after I had paid the amount requested in the email from October,

 

then on the 7th December I had a letter sent to my daughters from BW Legal asking for the remaining £22 as I was in violation of the order.

 

My daughter has promised me that other than the letter earlier in the year and the one in December there had been no mail for me, including anything from the courts.

 

When I spoke to BW Legal today they told me that it was added as a charge for printing the judgment,

and when I mentioned the amount in the email,

she just said that was a month previous,

 

when I said that the email said the amount included court costs and solicetor fees

she refused to discuss the matter any further,

in her words,"I'm not willing to go round in circles, if you don't pay you will incur more costs".

 

I thought the judgement was for £250 and I paid it, in what I thought was in time to prevent it going onto my credit file,

 

is there anything I can do to get it removed and should I pay the extra £22?

 

I just don't understand how they can send me an email saying they are claiming one amount and 5 weeks later get a judgment for a different amount without telling me.

 

I have no other debts and live in Spain,

but have been trying to repair my credit score and feel this is very unfair

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Thread moved to Financial Legal Issues forum.


 
 

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what date was the judgement issued

what was the amount of the judgement

what date did you pay the CLAIMANT

 

 

what was the original debt all about not a ruddy private parking ticket I hope?

 

 

oh and cost for printing the judgement..what UTTER bullcocks!!


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My credit file says date 08/11/16,

I paid BW legal late in the evening (online) 07/11/16.

 

 

This is a copy/paste of the email received on the 04/10/16.

I have never seen any documentation from the court and I had no notice in the five week gap about the increase in the claim.

 

 

The original debt was from an old business account,( bank charges)

 

NOTICE OF COUNTY COURT CLAIM ISSUED

Dear Sir,

Our Client: Lowell Portfolio 1 Ltd

Client Reference: .....

Our Reference: ......

Balance Due: £250.94

Original Creditor 1: HBOS PLC

Original Account Number 1: ......

As you are aware, we represent our client: Lowell Portfolio 1 Ltd

 

We have now issued legal proceedings in the form of a County Court Claim which you will shortly receive directly from Northampton County Court (County Court Bulk Centre) as you have failed to make repayments on your above account.

 

The amount of the County Court Claim is summarised below:

 

Principal Debt £161.30

Interest £14.64

Court Fees £25.00

Solicitors Costs £50.00

Outstanding Balance To Pay Now £250.94

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pers id be getting your moneyback and get it set aside

you are resident in another country.

 

CCJ cannot be issued to someone that doesn't reside in the country of origin.

 

but just to clarify.

you need to pay what is detailed in the CCJ judgement box only.


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Because I work 8 months a year in the U.K.

I am still a British resident, but I am a live in carer, but my home is in Spain and I can't apply for residency unless I spend more than 6 months a year there, my wife is a resident there.

 

I don't object to paying the debt,

but I feel that the email says that they were applying for £250.94 in the judgment,

when they actually applied for £272.94,

 

 

I was not aware of this increase until I checked my credit file,

I don't understand how they can apply for a higher amount without me being aware, and as I received nothing from the courts, in the five week between the email and the date of the judgement.

 

 

I thought the process would have taken longer than that.

 

 

Had I been aware of the increase before I would have paid it and it's not about the £22 but the damage it has done to my credit score.

 

 

Can I ask the courts to reconsider the judgment to try and get it removed?

And should I pay the £22 whilst I go through the process?

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the £22 is the std court fees - nothing to do with 'printing the judgement'

you must have heard wrong.

 

 

so you didn't ever get the claimform nor the ccj?

 

 

why cant you set this aside?


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Not sure if we are at cross lines,

the email I had shows the £250.94 as including £25 for court costs.

 

I have received nothing from the courts and nothing from BW Legal mentioning £272,

 

the first I knew about it was when I checked my credit report with Experian and the public records section shows:

 

Information type: Judgement. Date:08/11/16

 

Court Name:Northampton County Court. Amount:£272. Source:Registry Trust ltd

 

I was aware that they were applying for a judgment,

but was lead to believe it was for £250.94, which is what I paid,

 

The judgment can't be set aside as BW legal say there is still £21.06 outstanding on the judgment.

 

What I don't understand is how they tell me that they are applying to a county court for a judgment for one amount,

 

 

then it changes on the judgment, and yes she did tell me it was for printing costs.

 

Have just googled your term " set aside", I didn't realise this could be done,

I knew about the 30 day rule,

 

 

I will contact the court when I get home in a weeks time,

but should I pay what the judgment says, to stop BW Legal trying to enforce it,

 

 

I don't want bailiffs going to my daughter's home, or should I wait until the court has considered my request?

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Bailiffs can do stuff all

There's no right of entry on civil debts

 

I would get an sar running now to HBOS

Get all the statements

 

If its all charges

Then that will be you defence for the set aside

N244 in the library


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Original debt was interest and charges on a business account.

 

I googled applying to the courts and it says about filling a N244 form,. What is a SAR and what does it do?

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Stop using google

Use the search CAG box of our top red toolbar

 

Click sar and read


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Why would the fact it's charges and interest be enough to get it set aside?

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untrue amount demanded

bank charges were deemed unlawful years ago

 

aif the majority of the balance of the account is say these £12 fees or more

then we've seen that successfully used and we've seen cases won and DCA lose CCJ's themselves


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I suppose the bottom issue here is that the £255 fee to set aside

whereby simply paying the £22 will have the same effect..no CCJ showing?

 

 

might not really be worth the hassle and not 100% guaranteed to succeed,

Pay the £22 might be best eh?


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Thank you for pointing me in the right direction,

even if I was to pay the extra,

the judgment will still be on my file,

but just showing as "satisfied",

 

I will be asking the courts to set it aside, as I did pay what they asked for,

 

searching your site gave me two grounds on which to appeal,

the fact the amount BW Legal asked the court for was different to what they told me,

 

and secondly the fact I live in Spain have can prove I have not been to the postal address for over a year,

 

(work schedule and flight records), and importantly I was in Spain when amount is supposed to have changed

so I never had the opportunity to contest it, and would have been unaware if they had written to me(which they didn't).

 

But I will be looking at the what you mentioned about charges, as it was all charges/ interest, I never have overdraft facilities on my accounts.

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