CCJ set aside and removed from the registry

[Escar]

I had a CCJ set aside and removed from the registry.
A high court enforcement company has been ordered to repay the proceeds from the sale of my car.
My car was purchased at auction and is now on autotrader for more money.

I think it is reasonable to recover the difference in cost between what it was sold for and what it is being sold for to finance a replacement car.

Is this correct?
Should I persue the originator of the CCJ rather than the high court enforcer?

Any advice would be gratefully received

[R0b]

Re: CCJ set aside and removed from the registry

Hi Escar, could you provide a bit more background?

1. You received a CCJ
2. The Creditor enforced the judgment through HCEO
3. You successfully applied to set aside CCJ and the HCEO ordered to repay proceeds of sale of car

Could you elaborate on how the CCJ come about was it a business, a local authority or some other person? Could you also explain why the CCJ was set aside and no re-trial was ordered? Did the judge give judgment there and then?

Is there a significant value between the proceeds of the car and the amount of the car being advertised on autotrader? Obviously people will set a high price for a car with a view to leaving some room for negotiation. Have you tried obtaining on a generic valuation on the free valuation sites like whatcar and parkers or glass and comparing it with the proceeds of the sale at auction.

How are you going to know how much the car eventually sells for if you are not privy to those discussions? The only argument I can see is that the proceeds from the auction may not represent the true market value of the car, and any evidence such as valuations would help to prove that.

Have you received the final order from the court yet?

[Escar]

Re: CCJ set aside and removed from the registry

Thanks for replying.
The original CCJ was a supposed fees debt from a university. They obtained a CCJ by default and this was passed to a high court enforcer who seized my car and sold it.

I explained to the court that I did not owe the fees in the first place, I was sponsored and they did not ask my sponsor for money, the university sent notices to an address I did not live at. Then HCE ltd did not send me a letter by post or put a notice through my door as they claimed and the first thing I knew about it was when they came and demanded money from me.

The original 'debt' was £480 and ended up at over £3200 with HCE ltd persuing me for around £600 - the difference between what they say I owed and the sale of the court.

The judge set aside the CCJ as I didn't receive letters from the university as I was no longer a student and had no need to give them my address. He then opened the case again and ruled that I didn't owe the fees and that HCE should return the money from the sale of my car.

I want to sue for the difference between what they sold my car for and the value of a like for like replacement. My car is on sale on auto trader for around £2.5k more than I will receive back from HCE ltd. I feel that I should be put back in the position I was and that it should be the university I sue as they instigated this.

What do you think?

- - - Updated - - -

Oh - judgement was given there and then. I represented myself and he was sympathetic.
The university after much without prejudice email said they'd pay the court fee and not oppose my application on the grounds I didn't take it further.

They then opposed my application and lost.

I'm waiting for a copy of the judgement.

Thanks

[R0b]

Re: CCJ set aside and removed from the registry

Well if the order has not been finalised then you can write to the court either by letter or by email (marking the subject line as URGENT) and request that the judge varies his/her initial order. You would need to provide evidence of a like for like replacement e.g. the age, mileage etc and state that the proceeds from the auction does not represent the true market value of the car.

I think there is some case law that allows that but would need to dig it out. Was the car on finance by any chance?

There is two other possible routes but there is no point in discussing those until you get an answer from the court

[Escar]

Re: CCJ set aside and removed from the registry

Thank you.
The car was not on finance but my only asset following a nasty divorce.
I will try what you suggest with the court but, as the judgement was last week, I think it's too late?
I think that if I send a pre-action letter to the university they will pay up. The supposed small fees I owed do not have to be paid so they, and their agents, have lost that sum, their costs and over £3000 that they thought they could extract from me.
They admitted they were wrong in a without prejudice correspondence which is why they offered to pay my application fee and all their fees and not oppose my set aside application - I imagine if I had accepted then it would of been on condition that no further action would be taken?

I looked for like for like costs to replace my car but I feel that it is my actual car for sale and so taking an average of others is far less relevant.

I think that the small claims court will side with me because I am completely innocent here and the university have been obstructive and unfair.