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Paid online civil money claim but claimant denying he has been paid

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  • Paid online civil money claim but claimant denying he has been paid

    In June I received an online civil money claim for £89 of which I paid within 2 days I asked the claimant for his bank details and paid him via bank transfer. The total cost was £89.02 as I was charged 1p per day interest. The claimant said he was unable to confirm my payment as he was waiting for his accountant to check his bank. This went on for a while and then he refused to respond to my emails. I then got a letter from the OCMC stating the claim hadnít been paid and it had now gone to £89.76 due to the 1p per day interest. I contacted the OCMC to see what I could do they told me to complete a N443 form and send my proof of payment which I did and I even paid the further 74p via postal order as the bank details he gave me in the first place no longer excepted payments (my bank think his account had been closed). The OCMC got in touch with the claimant asking him to confirm payment which he is still denying. I have now received a letter stating the transfer of proceedings to my local court for the judge to decide what to do next. Can someone please advise whatís my best next action? Will this result in a CCJ even though I have the proof the claim has been paid it just seems the claimant holds all the cards and no one is listening to my side Iím just confused as to what to do next. Thanks
    Tags: None

  • #2
    Hi CALV1976

    How did you ask him for his bank details?
    Were they given to you in writing by the creditor?
    Could the bank details you have be incorrect?

    Comment


    • #3
      He sent me his bank details via email and the payment I sent was successful. But now it seems the bank account is closed

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      • #4
        You have an email he sent you, he provided the bank details to you, you have proof you sent the money.

        Email the court with the evidence you have for the Judge's attention (don't forget to add Ref no's).

        Comment


        • #5
          I have done this with the OCMC and they said I need to complete a N443 form in order for them to look into this. I sent the form with my evidence of his email with his bank details and my proof of payment and various emails I have sent him. The OCMC have sent me a letter stating he is still denying being paid and have forwarded the case to my local court. I donít have the judges name at my local court yet but I do have the judges name from the OCMC who has passed this case on. Should I write to the OCMC judge or should I wait for correspondence off my local courts?

          Comment


          • #6
            Originally posted by calv1976 View Post
            I have done this with the OCMC and they said I need to complete a N443 form in order for them to look into this. I sent the form with my evidence of his email with his bank details and my proof of payment and various emails I have sent him. The OCMC have sent me a letter stating he is still denying being paid and have forwarded the case to my local court. I donít have the judges name at my local court yet but I do have the judges name from the OCMC who has passed this case on. Should I write to the OCMC judge or should I wait for correspondence off my local courts?
            Writing again wouldn't do any harm, plus court time is being wasted by the Creditor, especially as he isn't co operating with you. I would send him the evidence of payment, make sure you can evidence that he has received it.
            So you can show the Judge / Court that he has refused your attempts to resolve the matter without the need for a hearing.

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            • #7
              Thank you I will do that then. I will send in the post with all my evidence printed off as you said he is wasting the courts time I think he is doing this on purpose to prolong the case. Surely he is in contempt of court if he is lying about not being paid. I have also noticed as the original claim was from a purchase I made on Amazon that I never received he has since changed his company name on Amazon. The purchase I made wasnít received so I asked him to chase up and said he had proof it had been received and told me to contact the police to report it. I did this and also notified Amazon who issued me a refund and it is the refund he is claiming back off me. I paid this too him as the letter I received was mentioning CCJ and I was in the process of buying a house so didnít want this to go any further so I paid the claim which was £89.02.

              Comment


              • #8
                There is more to the seller 'then meets the eye' form the details you have given.

                Comment


                • #9
                  What happens if he continues to deny recieving the payment? Surely the judge must look at my evidence

                  Comment


                  • #10
                    Originally posted by calv1976 View Post
                    What happens if he continues to deny recieving the payment? Surely the judge must look at my evidence
                    He emailed bank details, your bank statements show payments to those bank details he gave. It should be that simple.

                    Comment

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