HELP!!! CCJ, can it be overturned?

[honey59]

Re: HELP!!! CCJ, can it be overturned?

Hi,
Just a quick update on current situation. Finance company have sent copy of page 1 of agreement and customer service record which shows all payments made. This includes the commission to the dealer. Most of it doesn't make much sense though as it is an office copy and obviously not intended for the customer. I rang them and asked 2 questions: did they actually pay the commission and had they 'reclaimed' this as told in court by the claimant. They refused to tell me as they said it would be in breach of data protection. They said they would only divulge information if it was ordered by the court.
Then it gets worse. I have had the N245 returned from the court as I have apparently used the incorrect form (as advised by the CCCS). They have sent an N244 instead and I have no idea what to put on it, apart from what I put on the N245. Will do my best to complete it (printer has just broke which doesn't help!) but I have no idea what is going to happen next.

[teaboy2]

Re: HELP!!! CCJ, can it be overturned?

Hi Honey, yeah you will need to get an order for disclosure from the courts to order the Finance Company to disclose whether they had claimed the money back paid as commission to the dealer from the dealer. I fail to see however why such a disclosure, without a court order, would be breach of data protection as the dealer is a public company and therefore not subjected to the protections of the data protection act, which only protects the personal data of private individuals.

Personally i would contact the finance company again and make it clear to them that the data protection act applies only to private individuals, i.e. Members of the public. It does not apply to limited companies as there name and address are already in the public domain (Companies house register, own company website) along with said companys set of accounts and finanical records (Companies house) Refusal to disclosue the the request information on whether they reclaimed the paid commission to the dealer from the dealer under the data protection act is absolute nonsense as the data protection act does not apply to limited companies. If they do not disclosue the information your will name them as a joint defendant in your claim against the dealer, now surely they do not what that.

[honey59]

Re: HELP!!! CCJ, can it be overturned?

Hi Teaboy,
Thanks a lot. I smell a VERY big rat about all of this and will ask the court to issue an order to the finance company. Would you believe, the Claimant sent the bailiffs around again today to claim £1k for the unlawful deal which was thrown out of court!!! If this doesn't prove that he is seriously deranged, nothing will.
Thanks for your support, it's really appreciated and I will try to keep up to date with any news

[ploddertom]

Re: HELP!!! CCJ, can it be overturned?

Hi Teaboy,
Thanks a lot. I smell a VERY big rat about all of this and will ask the court to issue an order to the finance company. Would you believe, the Claimant sent the bailiffs around again today to claim £1k for the unlawful deal which was thrown out of court!!! If this doesn't prove that he is seriously deranged, nothing will.
Thanks for your support, it's really appreciated and I will try to keep up to date with any news

May I ask which Bailiffs were sent?

[honey59]

Re: HELP!!! CCJ, can it be overturned?

Hi there,
It was the same one as the last time, a county court bailiff operating on behalf of the HCEO. Not sure if it's wise to name them in a post!

[ploddertom]

Re: HELP!!! CCJ, can it be overturned?

No need for a name.

A County Court Bailiff is employed by the County Court and no one else. He receives a salary and is not reliant on commissions from fees. If he has indeed attended for a Warrant which is now been overturned you have a case for compensation from his employer.

If it is the HCEO who may have originally had a Writ of FiFa then when the original Judgment was overturned the Writ also died. If they are relying on the same, again you could be due compensation for harrasment.

If your creditor is doing this on purpose then you could raise an injunction against him.

[honey59]

Re: HELP!!! CCJ, can it be overturned?

Hi,
Just a bit of an update as to what has been happening, and a bit of advice needed. Firstly, the claimant accepted my offer of payment, with no mention of the payments already made. I have been really ill with all the worry but am hoping to get some information from the finance company which might (a very BIG might) help me to take some action as there are a lot of discrepancies surrounding this case. Since the same person tried to defraud us of a substantial sum of money, they are obviously adept at flouting the law. I guess things have settled down a bit on this issue, which was the reason for my first post.
Now for the big one! The claimant , as mentioned before, sent in the bailiffs to try and recover money from the case which was thrown out of court due to his illegal agreement. EWe filed an N244 asking for the writ to be cancelled, set aside judgement and stay of execution. A court date has been set for this. The claimant then sneakily tried to get us to sign a tomlin order saying they would cancel the writ if we vacated the hearing. We refused, and they then said we had 'misunderstood' them and they would agree to both cancel the writ and set aside the judgement. If we proceeded to court, they threatened us with indemnity costs.
This is where I need a bit of advice. So far, the court have suggested bringing the letters to the hearing. They couldn't say whether or not the claimant would be entitled to costs. We took legal advice from various sources and have been given conflicting views. Go to court, risk the wrath of the judge for dragging the poor darlings along after they had already agreed to our request on the N244, or, ignore them as they have filed a vexatious claim and they will not be entitled to profit from it. My OH is panic stricken in case we end up with a massive bill. I am FURIOUS that someone can send bailiffs in for money they know they are not entitled to, then think they can sweep it all under the carpet when it backfires on them. The worst thing is, had the bailiff gained entry he could have returned and ransacked out home.
Any body got any ideas on how to approach this?
Many thanks

[bluebottle]

Re: HELP!!! CCJ, can it be overturned?

Hi Honey59,

Looking at the antics of the low-life who is the source of the problems you are experiencing, once a court strikes out a case, it can only be re-opened by the High Court and, even then, there must be compelling evidence to re-open. From what you've said, it sounds like they're trying to threaten you with what is known as a Part 36.

I'm afraid the court staff are correct in what they say as they cannot say, either way, how a judge will weigh the evidence placed before them at a hearing.

Some judges can be complete idiots, but the ones I have had dealings with, both as a policeman and a plaintiff in civil cases, seem to be fairly switched-on. If the low-life has filed a vexatious claim, they run the risk of being deemed a Vexatious Litigant. This is the kiss of death, as far their ability to issue legal proceedings is concerned. Vexatious Litigant exists to prevent the court system from becoming clogged up with claims of little or no merit and stop legal bullying. Any person or company deemed a Vexatious Litigant is not permitted to issue any form of legal proceedings without submitting the case papers to the High Court and, even then, they cannot proceed until the High Court issues an order allowing them to proceed, if ever.

If you are going to be represented by a solicitor or counsel, I would get them to make the court aware of the low-life's behaviour. In my experience, judges do not take kindly to those who abuse the law in the way you describe.

I think it is best you speak to a legal professional about this, if only to gauge which way things could go and then base your decision on that.

Bluebottle

[honey59]

Re: HELP!!! CCJ, can it be overturned?

Hi Bluebottle,
Thanks for your reply. We have a meeting with a solicitor next week with a view to suing the claimant for fraudulent misrepresentation. He will be looking at the case as a whole so might have a better idea of how to go forward. We are on a low income and don't know what our options are, but I am sick of being threatened by this vile crook who will hopefully get his comeuppance at some point.
Many Thanks :tinysmile_grin_t:

[bluebottle]

Re: HELP!!! CCJ, can it be overturned?

Hi again,

If there is any evidence of Fraud by False Misrepresentation, under Section 2, Fraud Act 2006, this needs to be reported to the police, as it is an arrestable offence under Section 24/24A, Police and Criminal Evidence Act 1984.

You may hear the solicitor mention the term "abuse of legal process", but that will refer to the low-life, not you.

Can I suggest, in addition to the offence I have mentioned above, you also discuss with the solicitor the possibility of offences under the following legislation -

Harassment (Sections 2 and 7, Protection from Harassment Act 1997)

Both the low-life and the bailiffs could be proceeded against for offences of harassment. Do you know if the bailiffs were Court Bailiffs or Certificated Bailiffs? If they were Certificated Bailiffs, do you know which firm they were from?

Let me know, please. Thanks.

Bluebottle

[honey59]

Re: HELP!!! CCJ, can it be overturned?

Hi Bluebottle,
Thanks for your information, it's very helpful. Without naming names (not that they don't deserve to be named and shamed!) the bailiff is registered at a local court, but claimed to be acting on behalf of an HCEO from a firm called Elliott Davies (The writ was issued in the high court, even the fraudulent agreement was under £25,000 and regulated by the CCA). I think harassment may well come into this as this cretin came back a week later and shoved a note through our door saying 'what are you going to do about this writ with bla bla (insert your own expletive here!). Since both the Claimant and his solicitor know that the case has been thrown out as the agreement was unlawfully executed (deliberately, and with the intent of personal gain, the judge said) It just beggars belief that these idiots are pursuing this. Will take what you've said on board and hope all this starts the ball rolling. This clown is a credit broker who has probably ripped off loads of other hapless customers. Will keep posting any developments,
Many Thanks :tinysmile_grin_t: