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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1322
Experience:  Solicitor
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I have a charge on my house along with a CCJ in relation to

Customer Question

Hi
I have a charge on my house along with a CCJ in relation to a personal guarantee I made with a factoring company.
I closed a business and did not draw down any final payments leaving the balance on the factor account at £25k due. I provided all proof of deliveries for orders so money could be collected as it usually was - but they didn't seem to try and collect. I spent months collecting the money for them and got the balance down to £12k. Their solicitor then said I had no right to contact clients as I was no longer a director.
They then gave me a CCJ for £20k !
To date they have not made a single attempt to collect the money from clients - even though I provided proof of the orders and deliveries etc.
surely part of my original agreement with the company was for them to Collect the money for us - that's what we paid them for. I put over 4million through the factoring company over 3 years before the recession forced us to have to close - selling all our stock with around £50k for just £9k so we could pay the liquidators and close properly
I want to know if we can force the issue that they have not made attempts to collect the money
I would be happy to make an arrangement to start paying them money off the £12k still showing on the factoring current account which is all I am responsible for - I can log in to this still.
I don't think they should have been able to claim 20k - but I never got a day in court as they wrote to the wrong address which Blackpool court stated was their fault - yet that didn't seem to matter.
At the time I couldn't afford to do anything about it and was lucky to manage to keep my house.
What can I do now ?
I know you would need a lot more detail of course - but just needed to know if there is anything we could possibly do to allow me to get on with my life without this hanging over my house for ever
Thanks
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

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

Did you fight the CCJ? When was the CCJ please?

Customer: replied 2 months ago.
Hi - no I didn't as I didn't know I could
It happened in my absence
I only knew about it when a bailiff turned up at my house - a high court bailiff at that
They realized that all the paperwork was sent to the wrong address and backed off
I went to the court to try and sort it but they put a charge on my house in the meantime without me even signing the paperwork
Their solicitor told me not to go back to court and it would be best to accept the charge as they would do it anyway
The CCJ was in 2014I have the full paperwork at my office
I didn't expect you to reply at a weekend to be honestA phone call would be great
But I need to get all the paperwork
So Monday would be better if that's acceptableThanks
Expert:  Jamie-Law replied 2 months ago.

Sure. Come back when you are ready

Customer: replied 2 months ago.
Thank you
I appreciate the reply
Speak to you Monday
Expert:  Jamie-Law replied 2 months ago.

Thanks

Customer: replied 1 month ago.
Charge added in march 2015
Without concent
CcJ added in nov 2014 in my absence
I tried to fight it in feb but couldnt afford help so had to ask the court to re hear details because they wrote to incorrect address.
They upheld the ccj but I didn't even get a chance to speak to anyone
Claim number was 3YU09844Then I did an income and expenses report and clearly had no money - so they charged my house instead
But allowed my brother to pay £1 per month ?
Expert:  Jamie-Law replied 1 month ago.

Yes indeed, that does not mean the debt is not due.

You have a number of options

1) challenge the ccj and have it set aside, but the delay is against you

2) pay it in full

3) agree a repayment plan

Sadly those are the only options the law allows you to do. You need to show if you apply to set aside that you have a defence to the claim and that you acted promptly.

Can I clairfy anything for you about this today please?

Customer: replied 1 month ago.
Only this
Is it not the legal duty of the factoring company to collect the debts when I provided them with all the proof of deliveries? Rather than simply rely on me to pay it. I collected a huge amount initially for them until their solicitor told me not to
Then they stopped collecting completely
They even accepted £3k worth of goods back from a client - all brand new copper fittings which do not lose value
They then did not credit the invoice - even though they told the client they would.Also - the debt on the factoring current account which I am responsible for only shows £12k as it did before he CCJ
If they accepted that's all was due - could I arrange a payment plan against that amount. Not the £20k they managed to put as a CCJ
Expert:  Jamie-Law replied 1 month ago.

There is Judgment at the moment, that is what you are stuck with. You have a Judgment against you.

Sadly the merits of the case are secondary, there is a Judgment against you. You only have an option to appeal within 21 days. As this was in 2014 then sadly you are 2 years out of time.

You can challenge the costs, but not the actual debt.

I am sorry. Does that clarify?

Customer: replied 1 month ago.
Still - is it not part of the agreement I signed that they have to collect the debt ?
Surely ?!
Expert:  Jamie-Law replied 1 month ago.

Whether that is or not is another matter. All you can do is take 1 or 3 options above. Sadly you cant do any more.

If it has been assigned and you dispute this, that should have been done at CCJ?Charging order stage.

I am sorry. Can I clarify anything else for you?

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