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Claimant failed to inform MCOL of my payment and I received a CCJ- Can I claim?
HI,
In 2009 my ex-wife made a claim against me via MCOL for a small sum of money (£205.05). Regardless of the trivial nature of the claim I did not dispute as I wished at the time to move on. I informed the court that I was not disputing and would make the payment accordingly. I dully received acknowledgement by the court of this and an order to pay. I then paid the amount, with the £25 costs, to the claimant as directed, promptly and within the time period given.
All sorted? Well no as I would not be asking for advice here.
I have discovered this year that I actually had a CCJ against me from this claim. I contacted the court and they informed me that they had never received notification that I had paid the claimant. It appears that she had selected default judgement on her original claim and then did not tell them that I had paid.
I contacted the court and explained the situation where I also provided evidence that I had paid and that the claimant had received\cashed the cheque within the agreed time period. After countless telephone calls, correspondence by email and post, court fees for a certificate of cancellation etc. I have now received a cancellation of the CCJ and its removal from my records. The court had written to the claimant on two occasions, after I raised the issue, asking her to confirm my payment but she refused to reply (the second court letter required the court fee). By default I now have the cancellation.
This has been a very frustrating, embarrassing and inconvenient experience, the CCJ came to light when applying for a loan, refused, and the signing of a house rental agreement.
Can I now make a claim against the original claimant for not informing the court of my payment, I do not ask for your judgement on her intention to do this on purpose, and the subsequent ignoring of court letters which have incurred me costs for a judgement that I should not of had against me in the first place. I read in the guidance notes that the claimant is responsible for informing MCOL that I have paid but it does not make reference to any implications if they do not.
If you believe I can claim the costs of having to obtain a cancellation due to her negligence can I also claim other costs i.e. interest on the amount I paid up until the date I received the cancellation, incurred court costs and other costs (I had to pay a 3rd party to confirm the address she now lives at).
This has caused me sleepless nights (which unfortunately I cannot claim back) and I wish to make a legal redress.
Your advice would be greatly appreciated
.
In 2009 my ex-wife made a claim against me via MCOL for a small sum of money (£205.05). Regardless of the trivial nature of the claim I did not dispute as I wished at the time to move on. I informed the court that I was not disputing and would make the payment accordingly. I dully received acknowledgement by the court of this and an order to pay. I then paid the amount, with the £25 costs, to the claimant as directed, promptly and within the time period given.
All sorted? Well no as I would not be asking for advice here.
I have discovered this year that I actually had a CCJ against me from this claim. I contacted the court and they informed me that they had never received notification that I had paid the claimant. It appears that she had selected default judgement on her original claim and then did not tell them that I had paid.
I contacted the court and explained the situation where I also provided evidence that I had paid and that the claimant had received\cashed the cheque within the agreed time period. After countless telephone calls, correspondence by email and post, court fees for a certificate of cancellation etc. I have now received a cancellation of the CCJ and its removal from my records. The court had written to the claimant on two occasions, after I raised the issue, asking her to confirm my payment but she refused to reply (the second court letter required the court fee). By default I now have the cancellation.
This has been a very frustrating, embarrassing and inconvenient experience, the CCJ came to light when applying for a loan, refused, and the signing of a house rental agreement.
Can I now make a claim against the original claimant for not informing the court of my payment, I do not ask for your judgement on her intention to do this on purpose, and the subsequent ignoring of court letters which have incurred me costs for a judgement that I should not of had against me in the first place. I read in the guidance notes that the claimant is responsible for informing MCOL that I have paid but it does not make reference to any implications if they do not.
If you believe I can claim the costs of having to obtain a cancellation due to her negligence can I also claim other costs i.e. interest on the amount I paid up until the date I received the cancellation, incurred court costs and other costs (I had to pay a 3rd party to confirm the address she now lives at).
This has caused me sleepless nights (which unfortunately I cannot claim back) and I wish to make a legal redress.
Your advice would be greatly appreciated
.
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