Advice needed urgently. Please help!!

[Guest]

Hi.

I really hope someone can help and advice us.

Just before christmas my partner had recieved a letter stating he had been issued a CCJ, completely out of the blue and so because we had not recieved a claim pack and disputed the debt we appealed. The judgememt to be set aside was succesful and now waiting a hearing date to present our case.

Any way now we have recieved firstly an enforcement letter and a couple of days later attachment of earnings (same claim number) which court told us that shouldn't have happened but nothing she can do, she also said it was a different claim number to the one set aside.

the debt was for unpaid rent and according to his first claim it is from Feb 2011 - Aug which was the last 6 months of his contract. It is the same debt claimed twice. Other than the above we have never had any other dealings with him.

We were told we have to pay to appeal this one aswell, It has caused us so much stress and now It still hasn't ended.

How can he be allowd to put in 2 claims for the same debt in two different courts.

what can we do to end this. Please help.

[pt2537]

Hi.

I really hope someone can help and advice us.

Just before christmas my partner had recieved a letter stating he had been issued a CCJ, completely out of the blue and so because we had not recieved a claim pack and disputed the debt we appealed. The judgememt to be set aside was succesful and now waiting a hearing date to present our case.

Any way now we have recieved firstly an enforcement letter and a couple of days later attachment of earnings (same claim number) which court told us that shouldn't have happened but nothing she can do, she also said it was a different claim number to the one set aside.

the debt was for unpaid rent and according to his first claim it is from Feb 2011 - Aug which was the last 6 months of his contract. It is the same debt claimed twice. Other than the above we have never had any other dealings with him.

We were told we have to pay to appeal this one aswell, It has caused us so much stress and now It still hasn't ended.

How can he be allowd to put in 2 claims for the same debt in two different courts.

what can we do to end this. Please help.

Hi there

So it seems from what you are saying is that the Claimant has issued two claims for the same debt? This is plainly not allowed under the Civil Procedure Rules, it is a clear abuse of process.

If the Court has already set aside the first judgment, you could make an application to the Court to have this second judgment set aside on the basis that it is the same matter as the first claim. This seems to me to be the best way forward, based on the limited info.

I would recommend getting some proper legal advice though as cases can often have more to them that what is posted on a forum, so it may be worth speaking to a solicitor or a law centre or even CAB to get some advice this