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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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September 2007 – I signed a 12 Month contract with studio

Customer Question

September 2007 – I signed a 12 Month contract with studio 51 (Cordea Savills) university accomudation. October 2008 – I had issues with accommodation which included: No hot water, shower door broken, draws unhinged. Raised with management but no solution.
November 2008 - Further issues – Drunk and disorderly behaviour, drug dealing in halls, smell of cannabis – Again raised with Management. (Email & phone) December 2008 – Issues persisted – requested management to change room – I was promised a change of room, however this did not happen. February 2008 – Returned keys. March 2008 – Room occupied by someone else. (My neighbor confirmed.) April 2008 – Negotiations with solicitors regarding amount owed and payment plan. January 2010 – Amount settled. - CCJ in acceptance passed for a total of 2562.00. We understood this settlement to be for the whole amount. 20 Weeks @ 125 + Fees. August 2012 – Guarantor (my sister) called me upset saying she could not get credit at DFS because there is an outstanding CCJ for the full amount 5434.55

August 2012 – I put in an application to set aside judgment.
November 2012 – The application to set aside was refused.

I wanted advice on 3 points: Firstly do I have case to take my university accommodation providers to court for treating me badly. Secondly why was my guarantor issued a CCJ if i was in agreement to pay, and thirdly is it not incorrect that the CCJ for my guarantor is for the full 5434.55 when I have made arrangements to pay 2562.00?

Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was there ever a CCJ against you or was it just the guarantor please?

JACUSTOMER-5fyaywbi- :

Yes there was a CCJ for myself on applied on the 28th of February 2010 for 2562 (amount to which i agreed) and then in april 2010 a judgment for 5434.55 for my sister.

Alex Watts :

Firstly do I have case to take my university accommodation providers to court for treating me badly. If you were going to do that then you should have defended the original claim and made a counter claim. If you do it now I suspect they would raise an abuse of process argument in that you had a chance to fight it but did not.

Alex Watts :

Secondly why was my guarantor issued a CCJ if i was in agreement to pay, - It is a matter for them. Both you and the guarantor are joint and severally liable. They can issue proceedings against one or either of you.

Alex Watts :

and thirdly is it not incorrect that the CCJ for my guarantor is for the full 5434.55 when I have made arrangements to pay 2562.00 - they can only seek to recover the total sum of £5434.55. They would be unable to recover the sum of £7996 if that was not claimed and is not the amount owing.

Alex Watts :

But that would be a matter of making an application to Court to stay enforcement once the full amount has been paid.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-5fyaywbi- :

my sister was not living at the home address at the time and we did not have a forwarding address, she wasn't aware of the cc j until she was refused credit, she wants the judgment to be put aside - is this possible? Also the reason i asked about the amount for her ccj is because if it cannot be put aside, should it not be at least reduced to reflect the true amount

Alex Watts : Did the landlord serve the claim form on the address your sister gave?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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