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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have an old CCJ and would like to pay a lawyer to present

Customer Question

I have an old CCJ and would like to pay a lawyer to present my very strong case to have this removed
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How old is this?
What are your grounds?
Customer: replied 1 year ago.

Dear Jo,

Thank you for the reply and my apologies for the delay replying...technical problems!

My Experian credit rating is excellent (999 out of 999) so part of me wonders why bother reversing out this 2013 CCJ. However, I believe it was issued incorrectly and the other part of me would like to correct this.

I am happy to pay a legal person to get this reversed and my case for doing so is below. If you can send me your email address I will send you the full version with all of the supporting correspondence with all relevant parts highlighted (I can't attach a document with Just Answer.

Please read the summary below and let me know what you think?

Very best regards

ANDY

---------------------------------------------------------------------------------------------


***** ***** -v- National Westminster Bank Plc


Claim Number: 2QT41296

This document, and the follow on correspondence, demonstrates that every conceivable action was taken by ***** ***** to pay the Legal fees awarded by the Court.

It further proves that actions requested of Wandsworth Court were outstanding until 5th December 2012 and that the subsequent discussions were on going with NatWest until settlement of these legal fees, awarded by the Court, were settled in full.

It finally demonstrates a complete desire to get the matter resolved by ***** ***** and that all delays were caused by either NatWest and or their solicitors whilst waiting for correspondence from Wandsworth County Court

Judgement entered on 10th August 2012

Letter dated 27th August to CMS Cameron (acting for NatWest) pointing out the judge offered time to pay.

Letter dated 3rd September 2012 from CMS Cameron offering time to pay and asking for my proposal before 6th September 2012

Letter dated 3rd September 2012 from A Hill offering a payment plan.

Letter dated 4th September 2012 from CMS Cameron rejecting proposal. They extended the deadline requesting a payment plan over 12 months by 10th September 2012.

Letter dated 4th September 2012 from A Hill proposing a payment plan over 12 months.

Letter dated 4th September 2012 from CMS Cameron making an insulting and insensitive counter proposal.

Letter dated 5th September 2012 from A Hill pointing out the Judge had offered time to pay and therefore I had reverted back to the Court for clarification.

Letter dated 4th September 2012 to Wandsworth County Court asking for clarification of the Judges comment allowing time to pay.

Letter dated 12th October 2012 from Wandsworth County Court (receipt confirmed) confirming the Judge would consider time to pay and requesting a Statement of Means form.

Letter dated 30th October 2012 from A Hill to CMS Cameron pointing out the matter was now with the Courts.

Letter dated 22nd November 2012 from A Hill to Wandsworth Couty Court (receipt confirmed) chasing previous request for a Statement of Means form.

Letter dated 22nd November 2012 from A Hill to CMS Cameron asking why they are taking further action against me when the action if with Wandsworth County Court

Letter dated 4th December 2012 confirming the Forms requested from Wandsworth County Court had been received and also making a further proposal to conclude this matter.

Letter dated 18th December 2012 from CMS Cameron rejecting the proposal.

Letter dated 29th December 2012 from A Hill to CMS Cameron explaining that they had misunderstood the basis of the Courts decision and re-submitting a proposal to conclude this matter.

Letter dated 11th January 2013 from A Hill to ***** ***** (his Nat West Private Banking Manager) making proposal to conclude this matter.

Letter dated 25th January 2013 from NatWest to A Hill saying “……I understand there is no real need for you to reach any other arrangement with the bank for the payment of the sum owing” and “If however you have a preference as to whether you try again to agree a schedule for payment of this debt, or simply leave the matter to be resolved at whatever time your property is sold, please contact Cameron McKenna to discuss” This is miss-leading as it implies there is no consequence to not paying. This is untrue. It has a profound effect on your credit rating!

Letter dated 25th January 2013 from A Hill to Nat West conforming the Charging Order taken by CMS Cameron was not a result of non-payment and that they had proceeded irrespective of the fact the next action was with Wandsworth Court.

Letter dated 19th February 2013 from A Hill to Nat West with a further proposal to pay the Court Costs.

Letter dated 9th April 2013 chasing an answer from NatWest to the letter dated 19th February 2013 (and chasers dated 4th March and 21st March).

Letter dated 28th April 2013 from A Hill to Nat West chasing an answer to my letter dated 19th February following several missed commitments by NatWest.

Meeting on 30th May 2013 with NatWest to resolve a payment plan for the Court Fees.

Letter dated 12th June 2013 from A Hill to NatWest chasing a decision based on discussions at the meeting on 30th May 2013. At this point it was also discovered this matter had been registered and it was effecting my credit rating (this had never been mentioned by anyone (CMS Cameron, NatWest, The Court and whilst negligence is no defence, I have never always paid for everything on time and have a perfect credit rating. I did not have the resources to pay a solicitior and had spend the entire time since the Court awarded costs to NatWest trying to find a solution to pay these costs.

Letter dated 8th July 2013 to CMS Cameron requesting account number and sort code to pay the Court fees. (Irronically they would only accept a check and then had to wait for NatWest to confirm it had cleared!

Letter from dated 29th July 2013 from CMS Cameron confirming the Court fees had been settled.

---------------------------------------------------------------------------------------------

Expert:  Jo C. replied 1 year ago.
OK. Thanks.
So what specific grounds do you have?
Customer: replied 1 year ago.

The CCJ was registered by NatWest whilst I was waiting for information from the Court regarding payment terms. NatWest was fully aware of the communications with the Court.

In other words, the Court ruled that the debt was owed. I asked for information from the Court regarding payment terms and was waiting for their reply and the next thing I knew is that a CCJ had been registered against my name, even though NatWest was fully aware of the communications with the Court.

Why was the CCJ registered against me when I was in active discussion with the Court to agree payment terms.

Why can't we apply to the Court to have this CCJ dismissed on the basis that I was waiting for information from the Court when the deadline for paying the debt passed?

Very best regards

ANDY

Expert:  Jo C. replied 1 year ago.
Do you dispute the debt?

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