CCJ help please

[abbiesmom]

Re: CCJ help please

I have no idea if it was a legal aid form I signed which is why I am requesting this data. I also hope to uncover exactly what work they carried out as I remember personally having to write to my pension provider to get an up-to-date statement and then when I received it send a copy to the solicitor.

Can you elaborate on the duty of care - as that appears to be something I can use.

Their argument is that they wrote to me on xxx and xxx but despite which the debt remains outstanding.

They claim that legal aid wasn't granted as I didn't sign a form - however when it came to signing the decree they sent it in the post and I returned it in the post - is there any reason a legal aid form can't be signed in the same way? Which would have been a more suitable alternative to a single parent who feared to leave the house because of domestic abuse - all of which they were aware.

I do not have any proof of being named on my ex's claim during the earlier period. I know this as I am still paying rent arrears for this period when HB should have been granted, and whilst this is a separate issue I asked the DWP at the time for proof and they said they couldn't send it to me due to me not being the claimant. I sent a letter to DWP for my information only and they said they couldn't do it. I do have this letter somewhere, on here it states that IS was granted in my own right from 17/5/10

I will certainly have a look at complaining to the ombudsmen and I believe I am too late to request for the fees to be looked at by anyone as I cannot prove any reason for delay of 3 years in requesting.

[abbiesmom]

Re: CCJ help please

I will look at starting my statement this weekend as even if they don't pay the fee on Monday I will be looking at any options I have and complaining to anyone who will listen and this will help me clear things in my mind.

A huge thanks to everyone who has taken the time to respond so far.

To anyone in a similar position reading this what I will say is the process isn't as daunting as I thought when then the papers first arrived. Granted I wasn't too sure what I was doing, but even at the hearing (which was in private chambers) the judge was very reassuring and had advised me that the final hearing will also be heard in his chambers. I feel a lot more confident with the help of the people on this forum and wish I would have known about it ages ago when I was dealing other matters resulting from my divorce which totals nearly 10k worth of debt without these added fees!

[abbiesmom]

Re: CCJ help please

Oh, and I have still not sent the £10 fee as I figured my request put the ball in their court to advise me if they require it?

I have also verbally requested an up-to-date copy of my statement of account (sometime in November when they phoned me to sign that agreement - I think 27 Nov but may have been earlier) I have still not received this.

[abbiesmom]

Re: CCJ help please

I did also phone the Legal Aid Agency who confirmed that Legal Aid can't be backdated to 2010 even if I was entitled to it.

I will have to ring them to check if they had any application in 2010 as I didn't think of this at the time.

[abbiesmom]

Re: CCJ help please

A quick look at the ombudsman website you linked says generally they wont look at complaints pre-dating Oct 2010. There are other issues I would like to raise from this year regardless including the solicitors acting in bad faith on our verbal agreement and possible lack of SAR (time will tell) but I guess I need to do an internal complaint first.

Would this be something I can do regardless of the CCJ outcome?

I also don't understand why they have left it until now to pursue the CCJ despite their LBA from OCT 2010 - which I insist they never sent. It seems the odd thing in my bundle - no signature when all other copies are signed. I really believe this to be fabricated evidence but can't prove it. I know without a doubt that I didn't receive it. I know the company I work for starts the ball rolling within 14 days of sending a LBA if no response.

Surely there is a fault in law to deem something as being received so many days after posting without any proof of posting or it being signed for. Again an argument for another time.

[abbiesmom]

Re: CCJ help please

I had notification from Small Claims Mediation service today that the solicitors want to mediate and they have proposed a date of 23 Jan 2014. I spoke to someone at the court to check that I could request an extension and she said to put in writing and went on to tell me that the solicitors had not yet paid the fee and have requested an extension on that (until 30 Dec 2013) I have therefore requested from the court an extension on submitting my defence (due 31 Dec 2013) for the reason of mediation date being set for after this date along with claimant not supplying SAR to date.

Out of courtesy I have sent a copy to the solicitors and reminded them about my lack of statements and SAR.

Guess I just want reassurance that I'm doing this right and does the above sound like good reason to request longer to submit defence?