backdoor PDC Law CCJ for service charges

[Daisy_18]

Hi,

Sorry if this has been posted before, the topics I found were old and I wasn't sure if the info was still relevant. 

 

I own a long leasehold property.  I had a dispute with the management company in October because the service charges were excessive and included items that did not exist-e.g. gardening charges- I do not have a garden.  The matter was settled in October after I instructed a solicitor to help me as they referred the matter to debt collectors (PropertyDebtCollection) were threatening to take the matter further and file a CCJ. All was resolved without a CCJ etc, I heard nothing from them.

I received an email a couple of weeks ago from a different company (PDC-Law (apparently there is no relation between them and PropertyDebtCollection)), informing me of a cheque that had been returned.  I ignored the email on the grounds of

1. I had never heard of the company

2. I cannot remember the last time I wrote a cheque

3. I have noticed an increasing number of phishing emails along the same lines.

I did a credit check on my name and it said a CCJ had been filed.  After looking into it I found these things:

1. The claim was filed for my property but bizarrely, apparently the paperwork was sent to a completely unconnected property (which I haven't been able to check if post was received) I own on a BTL basis.  I have never lived at this address.  These companies knew my correct address, phone number, email address etc.

2. I have never and still have not received any communications from ABC, Property Debt Collectors or PDC-Law about any monies outstanding.

3. The CCJ was based on the amount that was taken off the service charge i.e. the gardening charge.

I had a dispute with them last year and the matter was settled in October.  If they had told me I owed the money I would have settled the matter with them, but they did not inform me of this and made no attempt whatsoever to contact me.

 

I've emailed them three times, I have tried to call ABC Estate Management but no one will speak to me.  I cannot get an answer from PDC-Law, they keep saying they will have to talk to their client.  They will not send me any copies of any documentation-specifically I have asked for copies of any and all correspondence they have sent, but have had nothing back.  

I have provided evidence of emails explicitly asking how much is owed in total, to which ABC have replied with the £3,815- which was paid.

 

I can't even log on to the Money Claim Court to challenge the judgement because I do not have the paperwork or case details that assigns me a claim number or package ID (I believe a person should receive a 'pack' re their claim once they have been served/ordered).

I have tried to call the court, but they are busy and I am directed to send them an email.

I have sent an email and I've received a reply that I will get a response in 10 working days!

 

Can anyone please help me?  I only have up to the 16th March to pay up (c. £2,100!) to have it removed from my record. 

Is there any point in fighting this before this escalates and becomes a bigger issue-i.e. is recorded as a CCJ (even dismissed)?

I CANNOT have this on my record- I work in the financial services and my financial history is very important.

At this point, I'm thinking of just paying this to get it out of the way.  If there is a strong chance that I can get this resolved before the deadline I will do it asap.

 

Any advice or opinions would be appreciated.

 

 

[dx100uk]

 

thread title updated

moved to general legal forum.

go ring northants bulk

ask for a copy of the Claimform and the judgement CCJ by email PDF

you will need the CCJ number from your credit file.

 

as the docs were sent to an old address when you have written proof they knew your correspondence/correct address should be an easy set aside.

but get the info FIRST.

 

dx

 

[Daisy_18]

OK thank you.

 

I have a copy of the claim form and the judgement but I cannot see the package ID to challenge online?

Is there a time limit on how long the agent has to provide copies of correspondence to the incorrect address?  It's been a week already and I have not received anything- I think they might be trying to delay in the hope I will pay for the whole amount as we move to the deadline.

 

Thanks again

[dx100uk]

you shouldn't be awaiting anything then

fill out an N244 pay the fee ..get it set aside

[Daisy_18]

Would the details to set aside be listed in the judgement?  I cannot see it on the copy the Court emailed to me.

Can you help with any guidance notes on how to fill the form out?  There are a lot of fields that do not seem relevant to my matter or I am not sure on e.g. how long will the hearing last, what level of judge is needed (I'm assuming a magistrate?).  Is the notice being served against the claimant?

 

Really appreciate your help thus far.

[dx100uk]

no ….debt is not criminal in the UK ..its civil county court

I think p'haps it might be worth your while having a read up of a few threads here first?

 

use our search top right 

N244 set aside

and 

PDC Claimform 

 

[AndyOrch]

N244 application is here.....complete it on screen print 3 copies.

 

3.The order you are requesting is to set a side the judgment number xxxxxx dated xxxxxxx pursuant to CPR  13.3.Claim served on wrong address the claimant was aware of the correct address.Amount of judgment is not owing or outstanding.

4.Yes

5.With hearing (fee is £255)

6.45 mins

8.District Judge

9.Claimant

10.Statement of case.

 

Sign the N244 and attach the following draft/Order

Edit to suit
#### START OF ORDER #### 
In the ......... county court
Claim No. ...
Before
District Judge ………
Dated ……… 20…

Claimant A
and
Defendant B
Draft/ORDER

IT IS ORDERED THAT:

1. The Judgment be set a side pursuant to CPR 13.1 
2. The  claim be transferred to the local court of the defendant
3. The Defendants costs in this application
#### END OF ORDER #### 

Relevant CPR for reference.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

 

Regards

Andy

[Daisy_18]

OK, great.

Thank you!