Help - CCJ not mine - court issues - any advice gratefully received.

[CocoC]

Hello,

 

I have a CCJ issued against me in May 2017. 

First I knew of it was when it appeared in an Amex monitoring service I have.

 

  I immediately applied to have it turned over, didn't hear any more, and thought nothing more of it.

 

  Forward to October 2018 when I applied to train for a home business, a credit reference search showed it as still on file.  I contacted the money claims centre and they say they received my form but no payment (I sent a cheque) and therefore it wasn't actioned.  I have never received any paperwork on it at all.  

 

 I applied to my local court to have it overturned, December 2018,  and whilst the judge agreed that the company, Hailsham Roadways, had no contract with me, he dismissed it because of the time since the CCJ was issued saying there was no evidence I'd applied to have it turned over in 2017. 

 

The debt is supposedly for work Hailsham Roadways did for Steed Construction when I bought a new property from them and the driveway sunk, as far as I was concerned, the work was done for Steed on a remedial basis and never at any point did I agree to extra paid for work.  

 

In December 2018,  I applied to appeal the decision and was turned down. 

I then applied for an Oral hearing, supplying the transcript of the court case where the judge agrees it's not my debt, and also finally the paperwork from the MCC confirming I did apply promptly to have it overturned and only heard yesterday of my hearing date which is now in July.  Which means that not only am I waiting another 3/4 months, but assuming I win an appeal, I'll then have to wait for an appeal date.

 

  I've been wanting to train with this company for over a year now, this seems utterly unreasonable when the judge agreed it's not my debt.  I have tried to negotiate with James Bailey at Hailsham Roadways, but he will not budge,  instead threatening me with a warrant.  

 

The original invoices for the supposed work are not to me. 

He added my name too them to issue the proceedings

.  I really cannot afford to speak to a solicitor about this, 

 

if anyone had any advice for me Id be so grateful. 

 

Can I appeal to the court for an earlier date?

 

  Is there any action I can take against Hailsham Roadways for issuing what are essentially fraudulent proceedings against me?

 

Thanks in advance.  

[AndyOrch]

Hi and Welcome to CAG

 

I have moved your thread to the appropriate forum ...General Legal Issues...please continue to post here to your thread.

[AndyOrch]

This was a default judgment issued by Northampton CCBC Money claim on line ?

[CocoC]

Yes

[AndyOrch]

And initially you made application using an N244 application notice to set a side sent to Northampton (with fee).....and then the same again made to your local county court which was acknolwedged and you had a hearing in which the Judge dismissed your application.....because the first went a drift....

 

You state....." and also finally the paperwork from the MCC confirming I did apply promptly to have it overturned "    This was from Northampton ?

[CocoC]

Yes first went adrift, second was also to Northampton, and they sent it to Hastings, where the judge dismissed the application because of time lapse. 

[AndyOrch]

Even though you had conformation from CCBC of the first application from May 2017. ?

[CocoC]

I spoke to them the day before the hearing, they wouldn’t email me confirmation because they said it was recorded in the file that had been sent to Hastings.  But the judge said there was no record and he wouldn’t take my word for it. I now have the proof, and expect to be granted to appeal, but it’s all taking so long. I’m assuming it will be end of the year before I get the actual overturn (if I do).  It’s affecting so much of my life.  

 

Thank you. 

[AndyOrch]

You could drop the appeal and make a further application to set a side complete with evidence and a witness statement in support ?

 

One point did you never notice they had not cashed your cheque and that it was strange you didnt recieve a Notice of Transfer from Northampton for your first application ?

[CocoC]

I didn’t know I could do that? I’ve been told I have to appeal? 

 

In my naivety, I just assumed that was an end of it because I knew the debt wasn’t mine? Didn’t notice the cheque, got married in June 2017 (a month after) and just didn’t register.   Stupid I know.    

[AndyOrch]

https://www.ukbusinessforums.co.uk/threads/applying-for-set-aside-judgement-twice.347620/

[CocoC]

Thanks so much for this and responding. I’m going to pick it up tomorrow.