Got CCJ due to council and bank blunder!!- what compo should i ask for?

[BankFodder]

Yes, I think you should send it

[jayu619]

Hello!

 

I still never received council response to complaint stage 1 as of today.

 

I am sending out the 7 day warning letter to council first thing tomorrow.

Also, sending a letter for SAR to Judge & Priestly tomorrow morning with £10 enclosed.

 

Just as a thought - I was speaking to a friend.

 

Could the council be acting fraudulently if they were receiving the money from me without reference, and never did any investigation as to where it came from and from whom whilst it was sitting in their suspense account. Its just a thought.

 

I mean they have a finance team for a reason - surely any unaccounted money for more than a year ought to have been investigated for surplus... Again, not an expert in finance nor law, it was just a thought I had.

 

Thanks.

Jay

[BankFodder]

No, the council is not acting fraudulently. They are just stupid – and also they make thousands of mistakes every year and nobody ever properly challenges them so they have a culture of not bothering and not taking you seriously. You encourage this by allowing it to go on so long.

 

Why are you only sending off an SAR now? I thought we suggested some time ago an SAR be sent. Are there any other SARs which have been sent off yet?

[jayu619]

Ok understood

 

The solicitors SAR was the only one left to request.

 

I’ve the Bank and Council SAR in progress - all of which should come by week 1 of April.

 

I believe solicitors one was suggested some time last week.

[jayu619]

Hi All/BankFodder -

 

This is the council's response.

Please see attached.

 

My take on their response:

 

Firstly, the issue at hand is for payments regarding last few months of 2016 and last few months of 2017.

All the previous years such as 2014/15, any under payment was always covered by a cheque at the end of the month to bring account back up to date.

I will argue this for sure. (On a side note, I will increase SO payment).

 

Secondly, page 2, where they talk about 5 payments.

In actual fact, this is down to 10 payments - referring back to Emmanuel's first email correspondence to me, when he gave a breakdown.

 

Thirdly, which 5 payments are they referring to - Aug 2016 to Dec 2016 or Jul 2017 to Dec 2017?

Again, if they received payments in the middle period, why didn't they check suspense account?

Although, I am sure they do not have an obligation to right...?

 

And

 

Fourthly, communication with Emma Amanfo was not asking for legal advice; more so about how to get rid of the judgment because it was wrongly issued by their solicitors.

 

How and where do I go from here?

I am probably going to send it for review under stage 2.

But if there is anything I can add/mention to really make them understand the severity, I would appreciate everyone's input.

 

Many thanks,

Jay

Stage 1 THH Response.pdf

Edited March 26, 2018 by dx100uk
spacing

[BankFodder]

Presumably you had no response yet to your threat to begin your own set aside application? When does your deadline for that expire?

[jayu619]

Hi BF -

 

I sent that towards last week and if I’ve had no response by this Friday.

 

I am going to make an n244 application over the weekend ready for postage come Tuesday morning due to bank holiday Monday.

 

I should be receiving my DSAR material no later than 2nd April.

 

Thanks

Jay

[BankFodder]

I suppose that it would be a sensible idea top call the court to check that they haven't received anything just before you file the N244

[jayu619]

Ok I will do that - thanks BF

 

In terms of council response, is there anything I can add/say to get it to stage 2?

 

Thanks

Jay

[BankFodder]

I would simply drop them a note saying that you reject their findings and that you will be responding in more detail later on. You note that they have accepted liability for the error and also they have identified the negligence of their own solicitor. You know also that they say that they are intending to obtain a set aside – but given the amount of time that has passed and given the seriousness of a CC J against your reputation – and given that you have contacted them and asked for evidence that the set-aside application has begun and that they have failed to respond, you are still proposing to carry out the promise you made in your letter of the XXX date to begin your own application and you will be looking to them to reimburse all costs.

 

Send that off and then the moment that your deadline expires, make the set-aside application.

 

I think we need to work out the wording of the application – or have we done that already?

[jayu619]

Hi BF,

 

Thank you once again for your sound advice. I will do that tonight. Its been hectic with Easter weekend.

I've not had help with drafting a N244 application yet as we were waiting for council DSAR request to come through - this should be available by no later than April 2nd, statutory time limit.

 

I also received Lloyds DSAR response.

What I find baffling is that I never mentioned to them about a complaint already open with Lloyds, yet they refer to it in their response letter - attached.

Unless, they accessed that when they were looking at my SAR...? I am unsure of how it works.

 

Also, they now cannot find the exact info I require.

 

Just to clarify - I asked them to send me all my SO's since Aug 2016 that shows all the payment details

- beneficiary a/c #. SC and payment reference (if any); mandate or some paper trail showing me that I went in branch/phoned and changed the SO details and any other documents relating to my DSAR.

 

What do you make of it - whether BF or any other users?

 

To me it clearly shows their liability.

However, I am not settling for £500 they offered.

Suddenly all the documents have gone/cease to exist now that I asked for this.

 

I am planning to now send a note to FOS

- if any members can help draft a letter of some sort, I would appreciate it.

I will write this tonight.

 

Attached is Lloyds response.

 

Thanks,

Jay

 

DSAR Response.pdf

Edited March 30, 2018 by stu007
PDF Edited

[BankFodder]

I have to say that this thread is starting to go on so long and involves numerous issues that it is all making me confused.

 

I'd be very pleased if we could simply concentrate on the set aside and then turn our attention to the other things once the set-aside application has been completed and filed with the court.

 

It might be then an idea to begin a completely new thread to deal with the other issues. Even though the issues are all interrelated, I think it would help to bring some clarity.

 

I think that the mystery of the standing orders needs some careful and focused examination and discussion

[BankFodder]

Question three

I am asking the court to set aside the default judgement in claim number XXX dated XXX date.

I am also asking the court to make an order for costs in my favour.

 

The pre-action correspondence and claim form were sent to the wrong address because of the negligence of the claimant and or their solicitors. They have admitted this and I have attached copy correspondence in support of this application

the claimant is aware that I am making this application.

 

No draft order

no hearing

 

Level of judge – District Judge

who should be so for the application – claimant

question 10 – the evidence set out in the box below and supporting letter

question 10

the claimant was in full possession of the defendant's correspondence address and passed this information to their solicitors. The solicitors negligently failed to use the correspondence address and instead sent any pre-action correspondence and the claim form to the wrong address so that the defendant was unaware of a pending court action.

 

The defendant only discovered at a later date that a default judgement had been obtained against him and that this had been entered on to his credit file and as a result had caused him damage which may be the subject of a separate action against the claimant or against their solicitors.

 

The claimant has admitted their error and also the error of their solicitors and for this reason the defendant seeks a set aside and in order that the costs of this application be paid by the claimant.

 

Furthermore, the defendant is not indebted to the claimant and so if the claimant were to continue the action against the defendant, they would have no chance of success.

 

The claimant has said that they will make the set-aside application themselves but over four weeks have passed and they have not begun the procedure. I have informed them that I will begin the application myself and they have not responded. Given the seriousness of having a County Court judgement against me and the damage to my credit rating as a result, I believe that I have taken all reasonable steps to inform the claimant and I believe that it is now reasonable for me to make my own application.

 

Check that everything I have suggested above is true and that you are happy with it. Attach a copy of any correspondence in which they admit the error either of themselves or of the solicitor. You can usefully highlight the relevant sentence in the letter in a yellow highlight – in order to make things a little easier for the judge to notice.

 

Take care to fill out all the particular details in the form. Take a copy of it before you file it with the court.

[jayu619]

I have to say that this thread is starting to go on so long and involves numerous issues that it is all making me confused.

 

I'd be very pleased if we could simply concentrate on the set aside and then turn our attention to the other things once the set-aside application has been completed and filed with the court.

 

It might be then an idea to begin a completely new thread to deal with the other issues. Even though the issues are all interrelated, I think it would help to bring some clarity.

 

I think that the mystery of the standing orders needs some careful and focused examination and discussion

 

Thank you BF. I agree with your above advice - I would like to phone the courts on Tuesday and ask if application was filed. Otherwise, I will be sending out my application.

 

I am completing the N244 tonight.

[jayu619]

Hi All -

 

Just to update you - I was going to send out my N244 application this morning, when at the 11th hour I receive a letter from THH showing me evidence of the set aside. Their solicitor made the applicaton on 14th March - of which I got the relevant paperwork.

 

I have requested my complaint with the council goes to stage 2. I want to end up going to the LGO.

 

Having said that, should I focus my attention on the bank now with your help? Perhaps on a new thread as BF suggested...

 

Thanks

Jay

[BankFodder]

Please can you post up a PDF copy of their application.

 

Have you incurred any direct losses as a result of this?

[jayu619]

Hello,

 

Here is a copy of their draft order.

Please do let me know what we can do from here?

 

I checked Experian - no mention of a CCJ either.

 

Jay

SetAsideN244.pdf

[BankFodder]

Thank you. That is correct, is it? That you haven't incurred any costs as a result of this. When I say costs, I mean court costs

[jayu619]

Thank you. That is correct, is it? That you haven't incurred any costs as a result of this. When I say costs, I mean court costs

 

Hi BF

 

No costs incurred.

 

Jut a note - when the council decided to take legal action, they attributed the costs to my service charge account. But since this blunder, they have since decided to refund me those costs back to my service charges account.

 

Do let me know what I ought to do now?

Thanks,

 

Jay

[BankFodder]

Okay. I suggest that you call the court and see what the progress of the set-aside is. I think you want to make sure you get a copy of the order. Naturally you have redacted your details – but can you say if it has your correct address on it now? Or are they going to compound the error by sending the set-aside order to the wrong address?

 

Also, as I said earlier in the thread – it's getting a bit involved and frankly I'm losing track. I think it would be an idea to start a new thread simply dealing with the problem of the bank. Maybe you can set out there in a brief chronology what has happened to cause the problem and what steps have been taken so far.

[jayu619]

Hi BF -

 

That's a good question/ I've yet not received anything to that nature of my judgment being set aside at my correspondence address.

 

I have emailed Emmanuel at the council to let me know which address they have sent it to. And a copy of the actual judgment being set aside.

 

And I will start a new thread momentarily.

 

Thanks,

Jay

[BankFodder]

Well have they used the correct address on the draft order?

 

Also, you should have been served a copy of the application at the same time that it was filed – and it appears that you have received nothing.

[jayu619]

Hi BF -

 

I checked the original attachment THH sent, my address nor the C's address was on the draft order. I checked it several times. And I definitely did not receive it at my correspondence address.

 

I checked with those living in the family/correspondence property, nothing of that nature received.

 

I will wait and see what Emmanuel's response is come next week.

Seems like they are still making silly mistakes despite it being bought to their attention.

 

Thanks,

 

Jay

[BankFodder]

In an attempt to simplify this thread, a new thread dealing with the apparent negligence by the bank has been started here https://www.consumeractiongroup.co.uk/forum/showthread.php?486449-Bank-blunder-what-compo-to-ask-for

[BankFodder]

Hi BF -

 

I checked the original attachment THH sent, my address nor the C's address was on the draft order. I checked it several times. And I definitely did not receive it at my correspondence address.

 

I checked with those living in the family/correspondence property, nothing of that nature received.

 

I will wait and see what Emmanuel's response is come next week.

Seems like they are still making silly mistakes despite it being bought to their attention.

 

Thanks,

 

Jay

 

 

Once again, I have slightly lost the track – but have you begun any kind of official complaint against the council?