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Try to cancel a CCJ

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  • Try to cancel a CCJ

    First thread, be kind.

    I received PPI refund through claims4you in jan 2016 and was late in paying the service fee to them and it went as far as legal proceedings.

    The CCJ was Issued for two claim account I had through them. One which was successful and warranted a refund which I paid with the additional late fee and the second which was rejected as not qualifying for a refund, therefore no fee due to C4Y.. The CCJ went through for both account for the full amount of both. I was visited by High Court Officers and explained the problem. Whilst they were at my home I called C4Y and their litigation dept instructed the HCEOs by email “This case has been sent in error. Please deinstruct any HCEO.” They left and the person I spoke to at C4Y said they would make the arrangements to have the CCJ recalled. I phoned a couple of days later to confirm that this had been done and was told that it had been. Problem solved i believed.

    Jan 19. I decide to check my credit report to see how things were having not done so for over 5yrs. I found the CCJ to still be on my file as unsatisfied for the full amount alledgedly due from 2016. Unfortunately Claims4You are in winding up precedings and there is no point of contact to resolve the issue. I was able to contact the High Court Enforcement company and they provided me with the original email sent by them in May 2016. Along with the letter from the loan company saying there is no refund due on the account and my bank statement showing payment to C4Y. These are the only few pieces of evidence I have regarding the payment.

    I am unsure how to proceed. If anyone could give some insight into my options to get the `CCJ off my credit report I would be grateful.

    Thanks

    Tags: None

  • #2
    Good Morning KingBez

    First thing, did you receive the original claim from Claims4You and what happened in between the claim being issued and receiving a visit from the High Court Enforcement officer ? Did you defend the case and lose in court or did you not respond to the court and have a default judgment awarded against you?

    You had had 2 claims with Claims4You instructed. They charged you commission on one which had paid out, you have paid that plus a late fee. Did you pay that before or after the court claim was issued?

    On the second claim no sum was due as the agreement with C4Y was no win no fee and the claim had been rejected by the lender/bank.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Good morning Amethyst

      Bearing in mind a few years ago I was working away a lot and not wholly responsible with my finances and they had gotten to be a bit of a mess by then.

      The claim (1) was won and they issued the invoice for the fee for this amount on 15/12/15. The second claim (2) was not won. I wasn’t expecting an invoice and don’t recall receiving one and there is not a hard copy with the rest of the documents. By this time I have not made the payment.

      16/1/16 received separate final demands for claim (1) and claim (2). I recall I was on phone with them fairly regularly to say I would make the payment. However failed to pay.

      2/2/16 received court action letter stating application for CCJ on 12/2/16. Requested an extension and was granted Until the end of the month. However couldn’t/didn’t pay.

      8/3/16 received court action letter saying they applied for the CCJ this was sent through with a dummy county court business centre claim form that had a ‘reference only’ watermark diagonal across it. It has a claim no on it but no issue date.

      8/4/16 made payment of fees inclusive of £25 late payment charge.

      3/5/16 I received a letter from HCEO to demand the full amount of the CCJ (claim 1 & claim 2) plus HCEO fees. Immediately phoned c4y to resolve issue and they assured me it would be.

      18/5/16 I was visited by the HCEO at home to discuss the matter and my non payment of the judgement. I immediately phoned c4y. Their litigations department sent email to HCEO to deinstruct them. The HCEO were satisfied and left. This was the last I heard of the HCEO and presumed the matter was closed.

      A trustpilot search on 4/1/19 revealed that the CCJ was issued on 8th April 2016 in the county court business centre for the full amount of claim 1 and claim 2.

      i don’t believe that I received any official court documents and I never went to court to answer or defend the charges.

      the second claim did not pay a refund.

      I ‘I know I have not covered my self in glory with the late payment.





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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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