Ccj

[Harricab1]

Hi

I brought a car from wellcome finance in 2008 with a gap insurance

car got stolen got crime ref number my insurance paid out which was a cab insurance but wellcome finance said it will not pay the shortfall gap insurance as I used it as a taxi .

I told them i was going to use a cab I even had a letter head showing I work as a taxi driver anyway I left at that .

I got a letter from ind 2017 at my address saying I owe 7000 pounds so I phoned them saying that car was stolen and the gap insurance should have paid they kept saying I should pay .

anyway it went on for 2weeks like that eventually I said it's been 10 years and it should be statue barred they said they gave me a ccj in 2013 June I never received anything as I had excellent credit history so I asked them to send all paperwork they had on me when they did I realised they sent a ccj to a random address never lived there I told them they said I did and would not take no for a answer

that's when I got a solicitor involved so the solicitor said I should get the ccj set aside which at cost off 1200 for a hearing January this year which a day before the judge cancelled as he was ill so it was rescheduled for May then my solicitor phoned asked if received any paperwork on the hearing which I replied he should had received and not me that s when he told me he forgot the court date and the hearing went against me

wasnt pleased solicitor said he would fix it I left it at that got a hearing in November 5 to set aside again at a cost off 1400 which I paid again got to court the judge refused to set aside saying my solicitor was at fault and the judgment stands

so I'm liable for debt which had gone up 8500 now I had a row with the solicitor he said his not paying but what he would do is a payment plan to pay debt and also he would foot the court cost .

sorry for long story what do i do now .

[2222]

Make a written complaint to solicitor, then take it to the legal ombudsman.

[Harricab1]

Make a written complaint to solicitor, then take it to the legal ombudsman.

Thank you

[2222]

In the meantime, I presume the only sensible thing to do is pay the sum the court ordered out of your own pocket. Easier said than done, of course.

[Amethyst]

they gave me a ccj in 2013 June

So it wouldn't have been statute barred at that point as the cause of action was after the account defaulted ( so after the car was stolen and they declined your claim for GAP insurance to cover the loan )

They also contacted you within 6 years of the Judgment to look at taking enforcement action presumably. You engaged a solicitor to apply to set aside the judgment based on it having been issued to your old address and not having received it or having had opportunity to defend.

Then your solicitor heartily cocked things up ( basically ).

So yes you do need to make a formal complaint to your solicitor and take it to the Legal Ombudsman & SRA - see

https://www.lawsociety.org.uk/For-th...or/Complaints/

The Solicitors bill, court fees charged by your solicitor for the applications etc shouldn't be payable - but that will be down to the LEO in the end - and to the Solicitor to sue you himself for payment if he disagrees.

There will be an argument about the costs awarded at the setaside application hearings ( is that the extra £1500 ?) You should argue in your complaint for that to be paid by the solicitor.

Do you have the judgment from the Set aside hearing/s ?

However the original judgment for £7000 remains. Looking on the bright-side, it wasn't set aside and then new judgment obtained so it will fall off the register and your credit file in 2019. But the £7000 judgment debt is still owed by you for the judgment debt and IND are still entitled to enforce the judgment.

You can negotiate instalments with IND to prevent enforcement or you can apply to court for redetermination of the forthwith judgment to an instalment order. ( Form N245 - costs £50 - https://www.gov.uk/government/public...on-of-an-order )

[Harricab1]

Thanks i never recived a ccj as it was sent to an address i never lived at my own credit report is excellent

[2222]

Amethyst, you said: "You engaged a solicitor to apply to set aside the judgment based on it having been issued to your old address and not having received it or having had opportunity to defend." . There was no point in applying to set aside the 2013 judgment, unless the OP's solicitor thought there was a reasonable defence.

Consequently, the solicitor ought to pay some proportion of the £7000, to represent the lost chance of overturning the judgment altogether. Or what have I missed here?

[Amethyst]

The CCJ isn't showing on your credit report ? That'll likely be because it was filed at an address that you didn't live at and thus doesn't appear on your credit file. In a year you won't need to worry about it any more as it will fall off the register and the judgment. IND would likely have to apply to court to change your address in order to enforce the judgment at your address so possibly you could just wait and see what IND do.

Were costs awarded to IND at the setaside hearing/s ?

Concentrate for now on the complaint to the Solicitor.

[Harricab1]

Also ive complained to the legal ombudsman ive got the letter to the solictor already just waiting for the solictor to make arragements to ind for payment plan and once his done that and recived all my paperwork back i will send the letter off to pursue all my cost infact i spoke to some1 at the legal ombudsman they are saying its negligence on my solitors oart .

[Amethyst]

The original judgment stands. There's no guarantee that the set aside would have succeeded, or indeed that it would then have gone on to be successfully defended.

Include compensation for loss of opportunity to defend the claim in the complaint but it's unlikely the LEO would agree a full payment of the Judgment should be made by the Solicitor.

Morally vs Legally as normal lol.

I don't think I'd put much store in the OP's Solicitors opinion. The case should have been easy to setaside as it was brought at a completely wrong address that the debtor had never lived at. The defence prospect of success we don't know, it will depend hugely on disclosures made at the time of taking out the policy and the terms of the GAP insurance. Putting taxi driver as your employment on the loan application form, isn't the same as declaring the vehicle is to be used as a taxi business. So we just don't know.

[Amethyst]

Also ive complained to the legal ombudsman ive got the letter to the solictor already just waiting for the solictor to make arragements to ind for payment plan and once his done that and recived all my paperwork back i will send the letter off to pursue all my cost infact i spoke to some1 at the legal ombudsman they are saying its negligence on my solitors oart .

It is. Good luck with the Ombudsman after the solicitors final response/the 8 weeks Let us know.

[Amethyst]

Also Harricab1 - have you ever sent a SAR to Welcome Finance or the GAP insurer to get all the documents about the case ? Might be worth doing Subject Access Request Letter - might come in useful for negotiation with IND later.

[Harricab1]

Thanks i have ive got sar from wellcome finnace thats is when i had a ccj at a random address had no paperwork from wellcome about gap insurance all they said it was void because I used it as a taxi