CCJ in joint names but application to dismiss in only one name

[Ian H]

Hi

A claims management company (CMC) have falsely billed myself and my ex-wife for fees in reclaiming PPI. The CMC have more or less (in very round about language) admitted that they have no right to bill us although they aren't accepting any fault on their part. I've been in contact with their solicitors who are saying that as my ex-wife has put in an application to have the CCJ put aside and they say that they aren't going to dispute it that they don't need to do anything. I'm concerned that the application that my ex-wife has put in will remove the CCJ for her but leave it hanging for me. The solicitors initially said that they would apply for a Tomlin Order themselves to remove the CCJ but are now saying that they don't need to. Any suggestions appreciated.

[echat11]

Could you speak to your ex - wife and ask her if it's possible to amend the application, that I think would be the best thing to do. That way there is certainty.

[Ian H]

Could you speak to your ex - wife and ask her if it's possible to amend the application, that I think would be the best thing to do. That way there is certainty.

Thought of that, the phrase snowball's chance in hell comes to mind.

[echat11]

Write a Letter of Complaint to CMC, explain what's happened, that it's there fault and what you want them to do. Explain that if they don't get the CCJ removed, you will lodge a complaint with the FOS and seek compensation for the stress this is causing you. You will need a final response from CMC to complain to the FOS. Only communicate in writing.

If you need more information from CMC, you can email a Subject Access Request Letter (look at your screen, it's located on the right hand side).

[pt2537]

Make an application to set it aside, if they arent entitled to bill you they arent entitled to their judgment

[Ian H]

Write a Letter of Complaint to CMC, explain what's happened, that it's there fault and what you want them to do. Explain that if they don't get the CCJ removed, you will lodge a complaint with the FOS and seek compensation for the stress this is causing you. You will need a final response from CMC to complain to the FOS. Only communicate in writing.

If you need more information from CMC, you can email a Subject Access Request Letter (look at your screen, it's located on the right hand side).

I've already raised a complaint with the Ombudsman following complaining to the CMC. The CMC are insisting they did nothing wrong in not validating the signature on the LOA, saying that they 'acted in good faith'.

[Ian H]

Make an application to set it aside, if they arent entitled to bill you they arent entitled to their judgment

I think I'm going to have to. Will there already being an application make a difference? The case has been moved to be nearer my ex-wife, although it's all being handled over the phone. I've given the solicitor a week to sort something out, then I think I'll have to make the application myself.

[pt2537]

I think I'm going to have to. Will there already being an application make a difference? The case has been moved to be nearer my ex-wife, although it's all being handled over the phone. I've given the solicitor a week to sort something out, then I think I'll have to make the application myself.

No it wont affect you, her application is for her, yours will be dealt with separately. Make sure you get the application right, make sure you file your witness statement exhibiting all of the relevant papers so the Judge can see why the judgment should be set aside. You will need to have regard to CPR rule 13.3 and in particular to the point in 13.3 about delay. You have one shot, one chance to hit the target, you wont get a second bite of the cherry

[Ian H]

No it wont affect you, her application is for her, yours will be dealt with separately. Make sure you get the application right, make sure you file your witness statement exhibiting all of the relevant papers so the Judge can see why the judgment should be set aside. You will need to have regard to CPR rule 13.3 and in particular to the point in 13.3 about delay. You have one shot, one chance to hit the target, you wont get a second bite of the cherry

Thank you.

The basis for my application would be that the LOA that the CMC rely upon up was not signed by me and I never made any contact with them. I don't know who did. The address on the LOA is also not right, it's the ex-marital home that I have not lived in for over ten years. I really cannot afford to employ a solicitor and don't see why I should as I have done nothing.