Tricked by Halfords into CCJ

[Johndenver]

Hello everyone,

My girlfriend got a service at halfords and they talked her into getting some new tyres and said she had various leaks in the system and that they couldn't let the car go untill the work was done.

The total cost was £750 and they agreed £150 per month. The first payment was made but then she missed the 2nd due to me losing my job.

I now have a new one but 6 weeks had passed and on Monday recieved a letter from money claims online, a month and a half after missing the payment.

My girlfriend phoned the company and they said they will accept the original £150 per month but she needed to fill the form in on the ccj paperwork and send it back to her and they would execute it with the court if she missed any more payments.

I had read the forms and said if you sign it you will get a ccj on your file. She is a junior manager in an asset management company and every 6 months they credit check her so this would be disasterous for her job. We already have a tainted credit history but her company have said it is mainly CCJs that they are bothred about.

Anyway she said thats not what the lady said and sent an email to her. The woman emailed back to send income and expenditure form to her and that this would not be a ccj.

So she did it, then yesterday we recieved a judgement through the post saying she had accepted that she owed the cash and a CCJ would be registered against her.

Do we have any recourse? She has admitted to the liability but only on the pretense that a CCJ would not affect her credit file. She acted in good faith on the information they provided by phone and email.

We obviously need to pay the £600 in one hit which we cant afford to do or she risks losing her job as a result of this.

[R0b]

Re: Tricked by Halfords into CCJ

Who was the person dealing with the claim on behalf of Halfords? Was this a solicitor from Halfords' in-house team or an external solicitor or someone else?

Did your girlfriend receive any letters before the issue of the claim e.g. a Letter before action and did she respond to them at all or ignore them?

Did she seek some legal advice or see Citizens Advice instead of relying on what Halfords have said? Judging from what you've said, it doesn't sound like it.

The total cost was £750 and they agreed £150 per month.

Did she enter into any credit agreement and sign any credit agreement?

The first payment was made but then she missed the 2nd due to me losing my job.

Did she notify Halfords that she couldn't make the payment and try to negotiate a payment holiday or reduction?

[Johndenver]

Re: Tricked by Halfords into CCJ

Who was the person dealing with the claim on behalf of Halfords? Was this a solicitor from Halfords' in-house team or an external solicitor or someone else?

Did your girlfriend receive any letters before the issue of the claim e.g. a Letter before action and did she respond to them at all or ignore them?

Did she seek some legal advice or see Citizens Advice instead of relying on what Halfords have said? Judging from what you've said, it doesn't sound like it.


Did she enter into any credit agreement and sign any credit agreement?


Did she notify Halfords that she couldn't make the payment and try to negotiate a payment holiday or reduction?

She didn't notify Halfords of the missed payment and then 2 weeks later she started getting phone calls at work from a company called Payment Assist LTD.

She said over the phone that she wanted to come to a payment arrangement and emailed them requesting they remove her work contact details, they stated that they had and then started calling her at work again the following week.

She didn't receive any letters prior to the one from Money Claim Online court letter, she said that she was asked to sign something at the Halfords store to state she would pay but that there would be no credit checks. She has lost her copy of this document.

She didnt get any legal help from the CAB prior to sending the form back. We just took the company at their word as we had it in writing that there would be no CCJ as long as we sent the income and expenditure details. I thought this may happen before hand as they wanted the one attached to the court letter. But they assured her over the phone that as long as she stuck to the new payment arrangement, no CCJ would be registered.

[seduraed]

Re: Tricked by Halfords into CCJ

There may be a while forward. The stuff understand it you have received a claim form not a judgement. If this is correct then acknowledge the claim on line and tick defend in full . Do not dispute jurisdiction. Pay they missing g payment and as much as possible. Tick the mediation box.
You may be able to negotiate a payment order which means the ccj isn't registered. As a last resort if the ccj is granted then paying the full amount due wi thin thirty days means it will not register.

[Johndenver]

Re: Tricked by Halfords into CCJ

She already sent the document with income and expenditure though which has resulted in a judgement for the claiment. She has recieved a document that says she has accepted liability from the court.

Once that happens i suppose there is no way back?

[wales01man]

Re: Tricked by Halfords into CCJ

When was the CCJ awarded against her by the Court?

[Johndenver]

Re: Tricked by Halfords into CCJ

23rd February was the date. It says the 1st payment to reach claiment by 23rd march

[MacManc]

Re: Tricked by Halfords into CCJ

Sadly, I think you have fallen victim to the Claimant misleading you and gaining a judgement in the county court as a result.

Perhaps a counter claim might be pertinent for damages? It won't save your girlfriends job and will be costly, but ultimately if you have the evidence will impact the claimant.

[Diana M]

Re: Tricked by Halfords into CCJ

Perhaps a counter claim might be pertinent for damages? It won't save your girlfriends job and will be costly, but ultimately if you have the evidence will impact the claimant.

If there is already a CCJ how can the Defendant make a counterclaim if the legal proceedings have concluded (rightly or wrongly) ?

Di