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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Summary: CCJ passed in my absence without my awareness of

Customer Question

Hi
Summary: CCJ passed in my absence without my awareness of proceedings and in spite of having made the full payment to the client 3 weeks earlier. Solicitors refuse to retract CCJ and legal costs.
Can you help? I have written fuller details to paste here when you are ready..
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have evidence of payment 3 weeks before proceedings were issued?

Alex Watts :

On what basis do they refuse to cancel the CCJ?

JACUSTOMER-91hfa91t- :

Hi...

JACUSTOMER-91hfa91t- :

Here is more background whilst I get their email response.... one sec..

JACUSTOMER-91hfa91t- :

I am a homeowner and often work away as a consultant for 6 - 12 month contracts in a stretch and cannot always attend to letters.
My case is to do with service charges for my property. The property management company do not have a direct debit system and thereore when they issue a statement, I have not
always been around to receive and settle it - which has resulted in CCJs in the past - nothing to do with ability to pay - just being away and it all happening very swiftly in my absence.

On the last ocassion, I gave them specific instructions to phone or send a recorded delivery to my temporary working address to ensure I was aware.
I received nothing. On the 18th October I rang to check and the property management company confirmed that the amount due for the year was £1056 which I paid on the spot. They confirmed nothing else was owed.
2 weeks ago, I discovered there was a CCJ registered on the 11th Nov from their solicitors - who claim they sent me notice of proceedings. I had received nothing and I rang up the Property management company 2 more times who said I owe them nothing.
and sent me email/statement to prove this. Their solicitors refuse to withdraw this claiming I owe them legal cost of over £1000 and that my payment was only part payment of the legal proceedings...

I hope you get the picture... I don't know where to start.

JACUSTOMER-91hfa91t- :

My email to the solicitors... reply to follow...9B***** E****** is my Property Management Company)

JACUSTOMER-91hfa91t- :

From: I*** I*** [mailto:*****@******.***]
Sent: 19 November 2014 15:16
To: ***** ***** Admin
Subject: *******************

Following my conversation with Gul yesterday, please find attached the confirmation from Braemers that I do not owe service charges. I was not aware of legal proceedings - I only just found out the CCJ yesterday. The payment of £1174.29 - quoted as the full balance - on the 18th Oct when I rang up B*************- was paid on the spot by card a month before it went to court without my knowledge

Can you therefore please do what is needed to remove this judgement as soon as possible.

Thanks

Ik****

0***********

---------- Forwarded message ----------
From: Ashleigh Youd <*****@******.***>
Date: Wed, Nov 19, 2014 at 1:32 PM
Subject:
To: "*****@******.***" <*****@******.***>

Good Afternoon ,

Please find attached statement of account to show your are up to date with your service charge and ground rent for this period.

Kind regards

Ashleigh


Ashleigh Youd
Accounts Assistant

JACUSTOMER-91hfa91t- :

Their reply...

JACUSTOMER-91hfa91t- :

Dear Sir,

We write with reference to the above and further to recent correspondence.

We would advise that your part payment was made on a date subsequent to us issuing county court proceedings. Your part payment has been allocated to this matter. Therefore, you are fully liable to pay any legal costs and interest incurred within this matter with us. The current balance outstanding is in the amount of £1065.23 please find attached a copy of the county court Judgment, for your records.

Should you wish to have the County Court Judgment removed against you then you must ensure full payment is made to us within 30 days from the date of your Judgment. Should payment be made after the 30 days then you will only be entitled to have the judgememt marked as satisifed.

I look forward to receiving immediate payment from you.

Yours faithully

B******** LLP

JACUSTOMER-91hfa91t- :

Hello...

Alex Watts :

Hi

Alex Watts :

Do you have date of payment and date of ISSUE on the county court claim?

JACUSTOMER-91hfa91t- :

Sure one sec...

JACUSTOMER-91hfa91t- :

Date of Payment: 18th Oct 2014

JACUSTOMER-91hfa91t- :

Date of CCJ: 11 Nov 2014

JACUSTOMER-91hfa91t- :

Client accepted full payment and didn't seem aware of the solicitors action in the background - neither did I. Even since this came to light, tthe client has confirmed again that I do not owe any money, the solicitors initially asked me to get this proof from client which they did in the email above.

Alex Watts :

What is the date of ISSUE of the claim? Not date of CCJ

JACUSTOMER-91hfa91t- :

I am not aware as I never received anything. But I attach the CCJ that was sent in case this helps

Attachment: 2014-12-03_121600_ijomah_-_ccj.pdf

Full Size Image
JACUSTOMER-91hfa91t- :

sent from solicitors in the above email

Alex Watts :

There will be a date of issue. Not the date of Judgment.

Alex Watts :

It will be on the claim form the Court would have sent.

JACUSTOMER-91hfa91t- :

This is my problem. I have not received any notification whatsoever about any proceedings and only found out about the CCJ through an 'Alert' with my Equifax subscription.

JACUSTOMER-91hfa91t- :

I insisted to them that my temporary accommodation where I'm working away from home would require recorded delivery and also to ring me if there is any issue - none of which has been done.

Alex Watts :

Ok - you have the CCJ, can you call the Court and ask what the date of issue for the claim is?

JACUSTOMER-91hfa91t- :

Ok

JACUSTOMER-91hfa91t- :

I'm on hold...

JACUSTOMER-91hfa91t- :

In the meantime, here is what they have on file from email I sent in April.. are they not obliged to do this?

JACUSTOMER-91hfa91t- :

I*** I******* <*****@******.***>

Apr 17

to Jessica, Lynn, abbielinzey-jo.

Hi Jessica,
Thanks.

In order if priority for serious issues please go through the following order.

Step 1: Telephone
0**********

In emergencies you may try my partner
***** *****d.
0***********

Step 2: Post: (please send recorded for serious issues or issues with serious consequences like this, so you know I've got it)

Bayswater
London
W2 4LS

Regards
I***

Alex Watts :

OK - I really need to know the date of issue

JACUSTOMER-91hfa91t- :

Date of issue was 14th Oct and it was sent to my forwarding address.

Alex Watts :

So you paid AFTER the date of 14th october?

Alex Watts :

And did they send it to the correct address?

JACUSTOMER-91hfa91t- :

Apparently so.

JACUSTOMER-91hfa91t- :

And the address they confirmed is the forwarding address given to the Property Management but not sent recorded as requested so it would probably have been returned or gone missing as this is a temporary serviced apartment with people moving in and out everyday.

Alex Watts :

Sadly it is not them that sends the Court summons, it is the Court itself.

Alex Watts :

The Court never sends it recorded, only first class.

Alex Watts :

Not receiving the summons is not a ground to have it set aside. You have to show that you have a realistic prospect of defending claim

Alex Watts :

If you paid the claim AFTER it was issued then you admit you owe it.

JACUSTOMER-91hfa91t- :

Are the courts in this country not obliged to ensure that a person is aware of and does receive/sign for a notice before action is taken?

Alex Watts :

Because you paid it after, I am sorry to say that costs are payable.

Alex Watts :

It is not the fault of the Claimant that you did not get the claim form - that is the postal service.

Alex Watts :

This means you must pay the full CCJ within 1 month to avoid it being on your credit file

Alex Watts :

You can apply to the Court to set aside, but you need to show that you have a defence. On the basis you paid the CCJ it appears that you do not have a defence.

Alex Watts :

No, the Court are not obliged to confirm receipt. The rules only say send 1st class

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-91hfa91t- :

This is so wrong that a postal service is relied upon 100% to ensure a person is served. Do I not have ANY case at all? The claimant quoted me the 'full' amount and accepted the payment and up to now still says i don't owe them any money.

Alex Watts :

Do you have any case, sadly no.

Alex Watts :

The rules say, and I will just get it for you:

Alex Watts :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Alex Watts :

Rule 6.26

Alex Watts :

1. First class post (or other service which provides for delivery on the next business day)

Alex Watts :

Deemed served: The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.

Alex Watts :

I am sorry

JACUSTOMER-91hfa91t- :

This postal system no longer belongs to the queen, so essentially a private mailing company is now being trusted with this? I understand there is nothing else you an do, Money is not my issue and if there was any way I could make a stand - even if it cost more than the extra amount owed, I probably would. Thanks all the same

Alex Watts :

Indeed. I am sorry its not better news.

Alex Watts :

But pay the CCJ if you can before 30 days and it wont affect your credit file.

Alex Watts :

I am sorry its not better news

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-91hfa91t- :

If I pay the amount - thats the most important thing - to remove it from my record, can I still appeal to the court in principle for this very unfair archaic system?

Alex Watts :

But you need grounds to appeal - you do not have any.

Alex Watts :

Sadly

JACUSTOMER-91hfa91t- :

Ok thanks

JACUSTOMER-91hfa91t- :

Finally, I noticed the details of other clients' queries are posted online. Can I request that none of this is made publicly visible?

Alex Watts :

Yes.

Alex Watts :

Once you rate the format changes and I can lock the question to remove it

Alex Watts :

Does that help?

JACUSTOMER-91hfa91t- :

Yeah that's fine thanks

Alex Watts :

Great. If you could rate so I can remove the thread

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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