OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years.
I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.
Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt).
We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything.
They had no TO so took it to court without my knowledge.
I didn't think there was anything I can do.
However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back.
Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift.
We called their office too within the 30 day notice period, oddly they have no record of that.
And all this is on a "Business Charge Card Guarantee" …. anyone explain that??
In the mean time we've paid £5K+ of the debt off.
At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal?
I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset.
same with jaguar s-types etc.
all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.
mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
what have they got that they can respond too that counters your SB defence?
as with every erudio claimform or PAPLOC thread on CAG
you solely got the claim because for whatever reason , to that date, everything was ignored.
once a response is made
they go away.
default CCJ avoided.
you must read up and understand how arrows [erudio!!] operate
so won by a section 75 claim under the consumer credit act then
consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out
as for the dealer and court
there is no time limit, well 6yrs I believe
though it would be a tough battle but made slightly easier as BC coughed up.
but again what would you in all reality 'win' probably go bust or change name
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!