Clearing a CCJ based on charges

[conar686]

Before I saw the light side of the force - I received 2 CCJs one from Restons on behalf of HFC and one from Howard & Cohen on behalf of Dorothy perkins.

 

I now realise that the amounts requested, a proportion of which is based on illegal charging,

 

Can I get these CCJs removed, if so how do I approach the courts (I'll deal with Restons & HC) and ask them to re-assess the case

[Guest willowb]

I know someone who did!

 

Wait a mo and I'll find her thread

 

Wxxx

[Guest willowb]

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/44492-allyxia-big-guy-vrs.html

[conar686]

Tks for the link willow. Drafted the following letter to the Northampton court as a starter for 10 any suggestions or comments welcome

 

 

The Courts Manager

St Katherine’s House

21-27 St Katherine’s St

Northampton

NN1 2LH

 

10 Feb. 07

 

REFERENCE: Claim Numbers: ****** - Claimant CL Finance & *********– Claimant HFC Bank Ltd

 

Dear Sir or Madam,

I am writing with regards to the above judgements that were made against me by the Claimants, for which I have since entered into private arrangements to clear the original debt.

 

Subsequent to the judgements made against me, new information has come to light regarding the levy of bank & credit card charges; the debt is now in dispute as I believe a portion (even if only 1 charge exists) of the outstanding debt is made up of unlawful charges.

 

I have issued both organisations with a Subject Access Request under the Data Protection Act 1984 and 1998 to ascertain the exact level of charging levied to my accounts with these organisation going back over 6 years.

 

It is my contention that the debts owed to both companies contained unfair or illegal charges that were disproportionately high and therefore are contrary & in breach of the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts)

 

In addition I believe that any charges applied by the claimants are a penalty; Penalty clauses in contracts in English (and Scottish) law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

 

The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

 

It is clear that Bank or credit card charges do not reflect any actual and or real loss and that the judgements made against me were based on the Claimants evidence that contravened the Consumer Regulations Act 1999, as part of the debt was made up of, what I now know to be illegal & punitive charges.

 

I respectfully request that the above County Court Judgements be cancelled, that you issue me with a Certificate of Cancellation or please explain the circumstances ‘clearly’ as to how I can obtain such a Certificate.

 

Additionally, I request that you contact Equifax, Experian, Call Credit and any other company that you may have shared my details with and have them remove all data relating to County Court Judgements from my record or as a minimum you inform these organisations that the originating debts are in dispute until we can close the matters above, failure to do so may lead you to be in breach of the Data Protection Act.

 

 

 

Yours Sincerely

[The Lantana]

Hi Conar, I'm very interested in your thread because I am looking into a similar situation for a friend who was taken to court by Egg.

 

I gather you will need to complete an N244 form and submit that to the court. I like to think the grounds you've specified for set aside are perfectly valid, but I'm not the Judge! I'm new to this myself so form filling is not YET my thing.

 

I'm not sure if, once set aside, a re-hearing is automatic or whether the original claimant (or you) has to request it. What I am sure about is that if set aside is allowed you are entitled to submit a full new defence and the claimant has to submit a full new case. It strikes me that tactics could be very important here - depending on what you are trying to achieve. Make sure there are indeed penalty charges on the account and they were included in the original judgement.

 

This opens up a world of opportunity if got right, so tread carefully my friend. Here's a link:

 

County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

 

Good luck and please keep us informed.

[conar686]

Thanx for teh link sport

 

Been a week no response from Courts Manager - I'll keep the updates coming as stuff happens

 

MAC

[file_wizzard]

 

I respectfully request that the above County Court Judgements be cancelled, that you issue me with a Certificate of Cancellation or please explain the circumstances ‘clearly’ as to how I can obtain such a Certificate.

 

Additionally, I request that you contact Equifax, Experian, Call Credit and any other company that you may have shared my details with and have them remove all data relating to County Court Judgements from my record or as a minimum you inform these organisations that the originating debts are in dispute until we can close the matters above, failure to do so may lead you to be in breach of the Data Protection Act.

 

Yours Sincerely

 

The court cant simply cancel an order once made unless an application to set aside or vary is made.

 

The way you need to move forward on this is to submit an N244 applying for the original order to be set aside on the grounds that the sums claimed contained what you believe to be unlawful charges, and therefore the amount of the order was incorrect.

 

Additionally the court has no direct contact with the CRA’s and certainly wont take kindly to being told that they will be reported for breaching the DPA.

 

Once an order is made the court places this on the public register which in turn is published to the CRA’s and the general public via the registry trust.

 

The courts involvement is to pass order only

[conar686]

Wizzard - appreciate the thoughts also appreciate (now) that I need to ask for these orders to be set a side, however I did ask in my letter for the courts manager to explain the process if cancellation was not possible.

 

Did not know about CRA references, in this case, if successful I ask them to remove it from the public register - re taking my threat kindly - if I win & they don't do take the appropriate action to clear my name then they will be in breach of the act.

 

Thanks for the advice on the correct forms - awaiting S.A.R - (Subject Access Request) data from the companies who benefited from the CCJ's before I go down that route.

 

MAC

[file_wizzard]

Did not know about CRA references, in this case, if successful I ask them to remove it from the public register - re taking my threat kindly - if I win & they don't do take the appropriate action to clear my name then they will be in breach of the act.

If the original order is successfully set aside then the registry trust will update their records accordingly, and the original order will be removed in its entirety.

 

the court itself is not the data controller and will not be obliged to respond to a DPA request, it is the registry trust who are the registered data controller.

[conar686]

Courts responded as expected I've to get the judgements set aside so need now to wait for my SAR requests to be returned to calculate the extent of teh chgs added to the accounts.

[The Lantana]

I found this on another thread...

 

Removal of CCJ's - Valid reasons to have your judgements set aside

[conar686]

Good one Lantana - I've received the forms from the courts trouble is it costs £65 per so may have to wait a bit

 

MAC

[conar686]

All

 

Do I wait for the info to come from my SAr requests or can I get the CCJs set aside 1st & then prove my case l8r

[The Lantana]

I'd wait, see what the SAR throws up. You want to make the £65 count.

 

Regards

 

Lantana

[joesoap]

Can I hijack this thread please? The topic is not wholly unrelated. Having received a copy of my credit file I was astounded to learn that I have a CCJ against me. It quotes the court name (Brighton) and case number and shows active. I cannot remember receiving a notification regarding this. How do I find out who placed the CCJ. I assume that I have to write to the court (after finding the address) with the case number but if anyone can confirm this it will be appreciated. I do have a debt (which did of course, include penalty charges) with a firm based in Crawley (which is near to Brighton) and it could be this but my instalments were set up voluntarily.

[judi3]

Could i also add to your thread .

any advice please.

 

 

 

http://www.consumeractiongroup.co.uk/forum/general/72644-set-aside-judgement-i.html?referrerid=31310

[conar686]

Joesoap

 

Best way is to write to the courts manager he should supply you with the paperwork for the case

 

Still waiting for my SAR results. Judi3 thread purports to ignorance of the law being no excuse. This may be true but I'm going to contest that the amounts on the CCJs I have are based on a false evidence & therefore should be set aside until such a time as I the claimant re-applies with true figures or gives me an option of arranging payment - which I'm doing already albeit through AN iva.

 

Hope this was useful

 

 

 

 

 

MAC