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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4981
Experience:  Senior Associate Solicitor
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I came I contact with this company last year November who

Customer Question

Hi there,I came I contact with this company last year November who offer there service to advertise my business on 1st page Google, we both agree a fee of £25 however, they went ahead and took over the agree amount off my card. I contact the company and explain that the contract was breach and I will not use there service. We had a chat and they apologise and offer me a service that was appealing me. They offer me again to be on 1st page Google but that was not what they did, they have advertise my business on Gumtree and Bing which I am not happy to pay for as that's not what I have ask for. They have also advertise my Martial Art business in a much too large area as( West midland ), as a Martial Art club which is base in Birmingham, that radius is too large, I do not offer a mobile service, West Midland is too broad for my business. I have explain that to them, I am not happy with that add and have told them that isn't what I have ask for and wish to cancel my contract because the add won't do anything for me and they have breath a second time.This company refuse to cancel and insist I owe them money. I refuse to pay because they haven't provide the service I have ask for. They have decided to ignore my complain and send country court judge to my club lucky I wasn't there. I have write a email to there complains department about this dispute, explaining like I have to you.There reply came back today saying since the 2/9/19 they hold a valid country court judgement therefore they are unable to assist, please can you advise me on the matter
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I haven't spoke to a Lawyer. This is UK
JA: What steps have you taken so far?
Customer: I have email the complain department and ask them to put a closer to the dispute but they say they have got a valid CCJ so they can no longer assist
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have told you everything
Submitted: 10 days ago.
Category: Law
Expert:  Ben Jones replied 10 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 days ago.

Why did they not allow you to cancel? Please upload a copy of their terms and conditions on here so that I can take a look?

Customer: replied 10 days ago.
I haven't had a copy
Expert:  Ben Jones replied 10 days ago.

OK no problem and thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 10 days ago.
please call me tomarrow
Expert:  Ben Jones replied 9 days ago.

I have looked into your query in more detail but due to you already having a CCJ against you, unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  JimLawyer replied 9 days ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today. I am just typing out the answer for you.

Expert:  JimLawyer replied 9 days ago.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. As such it either needs to be set aside or paid off.

To set aside the CCJ you need the N244 form and a witness statement with a draft order. I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS.

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

I would go with the advocate as if your application succeeds (and I think it will) then their fee is recoverable from the other side - in addition to the £255 application fee.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 6 days ago.

I hope I have answered the question for you. If so could you kindly rate the answer (5 stars at the top of your screen). It won’t cost extra to give the rating and I will be credited for helping you.

Many thanks,

Jim