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Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help!!!

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  • Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help!!!

    So I recently tried to apply for a rental property and as such had to go through referencing. No problem I thought as i did not have any CCJ or Bankruptcies so It would be a breeze as they can only see public records. But no ... after not checking my credit file for 3 years I find a CCJ entered back in 2011. So hang on aren't I supposed to receive some documentation regarding the claim prior to any judgment being set... well yes thats what i thought. Anyway Let me explain the premise of the case.

    Back in 2010 I was working as a driver for a logistics company. I needed a van to do the job so I approached a van hire company. I paid a Key deposit of £250 and the first months van rental in advance and received the vehicle . Everything was fine for the first few months but then the work slowly dried up from the depot and the payments became erratic. Naturally the van company where not happy but i explained the situation as soon as it became apparent. I was at that point i believe £167 in arrears. The van broke down and they sent out one of their fleet mechanics to inspect the vehicle. the starter motor was nackered and i was advised by the mechanic that the van rental company would replace the van as per the agreement. the van remained parked outside my house for approximately 10 days , unused but i was being charged for it. i was given an ultimatum by the van company, pay the balance or we will collect the vehicle, well i naturally agreed since the work had dried up and the van was unusable. they arrived one afternoon to inspect the vehicle and found the following damage

    Broken wing mirror
    chip in the wind screen
    stolen ford badges

    The following week i receive an email stating that i had until 6pm on Monday 1st November to contact them and illustrate how i was going to pay the debt that now stood at £623....I contacted them on the 1st and stated that if they sent me a breakdown of all the costs that i would pay agreed amount but i wanted them to acknowledge that they

    Number 1: still had my £250 key deposit ( the van was collected and the keys where returned)
    Number 2 : the van was off the road and was not in use for 10 days ( which was their responsibility to fix ) yet i was charged for the rental


    The judgment should not have been set given the fact i didn't receive any documentation and furthermore the van rental company should have factored into the claim that they have my key deposit and the van was unusable.

    I would greatly appreciate some help on this matter ... do I have a case to have this judgment set aside??
    Tags: None

  • #2
    Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

    Originally posted by orangefridays View Post
    do I have a case to have this judgement set aside??
    I'd say so.

    Comment


    • #3
      Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

      Me too. You'll find the Form if you click link number 4 here:

      http://www.legalbeagles.info/forums/...1-Useful-Links

      Comment


      • #4
        Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

        Thanks labman, just a quick question, if i requested a CCA do they still have 12 days in which to respond?? do you know if that rule still applies?

        Comment


        • #5
          Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

          12 working days + 2 days for postage.

          Comment


          • #6
            Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

            Originally posted by orangefridays View Post
            if i requested a CCA do they still have 12 days in which to respond?
            Why would you want to request a "twue copy" of the executed agreement under s77 or s78 of the Consumer Credit Act 1974 (as amended and enfeebled) when no such agreement seems to have been made?

            Comment


            • #7
              Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

              Originally posted by orangefridays View Post
              Thanks labman, just a quick question, if i requested a CCA do they still have 12 days in which to respond?? do you know if that rule still applies?
              Who would you be requesting a CCA from? :confused2:
              1. You can only send a CCA request when you have previously entered into a credit agreement regulated by the Consumer Credit Act. That only applies to loans, credit cards, catalogs and hire purchase agreements.
              2. Even when dealing with a credit agreement under the CCA, the obligation to respond to a CCA request ceases once judgment has been obtained (a CCJ) as seems to be the case here.

              Unless I'm misunderstanding something (always a possibility so please do clarify), I can't see what role a CCA request would have in this matter.

              If you wish to get the CCJ set aside you could do so on the basis you did not receive the court papers, you'll have to show that the claimant had your address and that you would be able to defend the claim if the whole process started again.

              Comment


              • #8
                Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                Thanks for the info, what i wanted was particulars of the rental agreement, so I can prove that they hold my deposit and the fact that they are responsible for replacing the vehicle under the agreement in the event of breakdown ( that would prove that they cannot charge me for the period the vehicle was off the road ). Although it wasn't a credit agreement i assumed I still had the right as a consumer to request all documentation signed at the time. Any further help would be appreciated.

                Comment


                • #9
                  Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                  The first step is to get the judgement set aside, on the grounds that you had not received the summons.

                  The claimant also seems not to have sent a compliant Letter Before Action.

                  Comment


                  • #10
                    Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                    Originally posted by orangefridays View Post
                    Thanks for the info, what i wanted was particulars of the rental agreement, so I can prove that they hold my deposit and the fact that they are responsible for replacing the vehicle under the agreement in the event of breakdown ( that would prove that they cannot charge me for the period the vehicle was off the road ). Although it wasn't a credit agreement i assumed I still had the right as a consumer to request all documentation signed at the time. Any further help would be appreciated.
                    In order to get that, you would need to send a Subject Access Request (SAR) requesting all information held about you in whatever form under Section 7 of the Data Protection Act 1998. I'll try to remember to dig out a template unless someone beats me to it.

                    It carries a £10 fee and they have 40 calendar days in which to respond.

                    Comment


                    • #11
                      Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                      Originally posted by labman View Post
                      In order to get that, you would need to send a Subject Access Request (SAR) requesting all information held about you in whatever form under Section 7 of the Data Protection Act 1998.
                      But if the judgement is set aside, won't the claimant have to provide a copy of the agreement when requested under the Civil Procedure Rules?

                      And if they do not, oughtn't their case be struck out?

                      Comment


                      • #12
                        Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                        Originally posted by CleverClogs View Post
                        But if the judgement is set aside, won't the claimant have to provide a copy of the agreement when requested under the Civil Procedure Rules?

                        And if they do not, oughtn't their case be struck out?
                        I don't know!

                        Comment


                        • #13
                          Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                          Originally posted by labman View Post
                          In order to get that, you would need to send a Subject Access Request (SAR) requesting all information held about you in whatever form under Section 7 of the Data Protection Act 1998. I'll try to remember to dig out a template unless someone beats me to it.

                          It carries a £10 fee and they have 40 calendar days in which to respond.
                          There's one here: http://www.legalbeagles.info/forums/...662#post345662

                          I guess I beat you to it! :bounce: :bounce: :bounce:

                          Comment


                          • #14
                            Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                            Thank you everyone for all your help , and thanks parrot for the link. Cheers

                            Comment


                            • #15
                              Re: Silly Silly Me... hadnt checked my credit file ..... surprise surprise..CCJ..help

                              Err

                              Quick thought here, are you at the same address you were living at for the rental?

                              If not, did you inform them you had moved?

                              Just seems odd that you had nothing from them prior to the judgment, though we have seen many examples of this exact issue

                              Comment

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