Have a CCJ of over 9K - debt to a builders merchant!! Help please ASAP

[barrowboy]

hello can someone tell me where to turn
I received a court claim and was advised by a friend to use someone they knew who said they could prevent me getting a CCJ on my credit file and they would handle the claim for me, and i wouldn't be bothered by the firm again. They changed the address on the claim form (to one in Birmingham) and they said they would deal with the whole claim.

 

2 weeks ago I get a letter from a company saying I owe their client 9K as a result of a lost court claim! And just 2 days ago i get notification from my credit report that a CCJ has just appeared on my credit file. I don't know what to do!. Ive been told by the courts even if I pay it off it will not go off my credit file as the hearing was in January and so past the timescale for it to be paid and removed.

 

The person I used is no longer answering emails. They have completely screwed me, Someone said i could maybe get a set aside of the CCJ by a consent order but not sure if possible as the hearing was done and i lost it apparently. I didn't know anything about the hearing as it all went to this guys address in Birmingham and filled out the forms and replied to the courts etc

Any ideas please!!!. This has come at a bad time as we had just started to approach estate agents and moving house

Edited November 19, 2021 by dx100uk
Paragraphs added for ease of reading. HB

[honeybee13]

Hello, welcome to CAG.

 

I expect people will be along to advise as soon as they can get here.

 

Could I ask about the person who said they'd handle this for you please? Are they a professional and do you have a written agreement with them?

 

You say they changed the address on the claimform, does that mean you didn't get any more notifications from the court or not?

 

Best, HB

[BazzaS]

If the person dealing with it for you was a legal professional, you need to complain to the LO / their regulatory body, and look into if they have professional indemnity insurance. You’d also have a good chance of getting the judgment set aside and reheard.

 

If you’ve asked someone to “deal with it” for you who isn’t a legal professional: you can’t do that with court claims, and you face an uphill struggle to seek a discretionary set-aside.

[dx100uk]

Please complete this

 

 

[barrowboy]

 i was just given their email address and that was it

Yes when they did the "AOS" the court told me that altered the address to theirs

And no not a professional just someone who does this apparently on the side

 

It wasn't anyone professional at all, I am going to email the solicitors involved to ask if they would agree to a consent order.

Its taken 9 months for the CCJ to be put on my credit file

[BazzaS]

If I was a solicitor (I’m not!) & advising the claimant (I’m not!) I’d likely advise them to decline a consent set-aside (on the basis that it is highly unlikely the court will allow a discretionary set-aside if the defendant chose to have a ‘non-legal professional’ deal with a court claim).

 

Do you know if that person actually submitted any papers on your behalf?.

 

If you complete the responses in the ‘sticky’ dx has posted we’ll have more info, but (‘bottom line’) : do you think they had a reasonable claim against you?

 

(Your hope of a discretionary, non-consent, set aside would be if it was manifestly unjust ….. a high hurdle to pass once you use a non-legal professional to deal with a court claim for you!)

[FTMDave]

barrowboy,

 

Hang on before doing that.

 

If you just ask the solicitors nicely, they will say "no".

 

Think about it.  The solicitors' job is to help their clients.  Their clients are currently in a winning position having beaten you in the court case.  Why on earth would the solicitors throw that advantage away?

 

You need to include some reason why you have a good case and going forward would cause their clients big problems.  We need to know more about this.  What happened to cause the other party to demand this money?  What's your position, how would you defend the claim?

 

 

[Ethel Street]

I agree with BazzaS about the bottom line question. If you had dealt with the claim yourself and not involved the person in Birmingham is it likely the court decision would have been different?  Or is it likely you'd have lost anyway and have to pay the £9k? If you provide the information asked by dx100uk in Post # 4 we can advise on that.

 

So is your aim now to defend the £9k claim, or to accept you will have to pay £9k but get the CCJ removed?

[BankFodder]

You need to fill in the questionnaire which has been posted by my site team colleague above.

Without that kind of detail it is impossible to give you any advice

[barrowboy]

Yes this has hit the nail on the head

I know the case has been lost in my absence and don't expect a re run of it, the claimant turned up and the person dealing with it for me simply told the court I wouldn't attend and to be dealt with in my absence, which is was and judgement  was awarded against me.

So its not about the case itself or the background to it, or why it came about.  I accept ill have to pay but simply want/need to get the CCJ removed and if I don't then this guy has completely screwed me over by not telling me anything that id lost.  If I knew I had lost I could have paid.

I also cant work out why it took 9 months to go on my credit file

 

 

[dx100uk]

Need the details of what the claim concerns please.

 

Dx

[barrowboy]

It was a debt to a builders merchant 

[FruitSalad1010]

Is there a reason you won't complete and post up the questionnaire as requested in post #4 in order that the site team can assist you?

[barrowboy]

Yes because frankly non of that is relevant and knowing any of the information wouldn't make any difference as the only issue here i am bothered about is trying to remove the CCJ

 

The case has been concluded and I have a CCJ on my credit file due to the actions of a third party

 

It doesn't matter what the case concerned or my defence as the case was heard and I accept i owe the money claim, I guess i was just impressed by my friends claim what this guy could do for me

If I answered all the questions it wouldn't change anything

 

All I need to know is if its possible via a consent order to try and get this CCJ removed.

All the documents and such like were filled in and completed by the third party.  I haven't seen anything.

 

As a side thought I wonder if I could sue him

Edited November 12, 2021 by barrowboy

[dx100uk]

aha a builders merchant.

 

was this par chance they are relying on a personal guarantee you supposedly signed thus claiming that makes you pers responsible for an 'account' taken out by a business you might have been linked too?

 

Simple ans is no you can't sue the bloke that have done a poor job

Youve been stitched up.

Thats not a set aside reason.

 

the ccj is there for 6yrs paid or not.

the ONLY way to remove it is by aSet aside, very outside chance of a mutual consent order.

 

but we cant help without INFO to even know if a chance of either exists.

 

your call,........

 

Dx

[barrowboy]

close but was a sole trader

 

I am going to email the solicitor with a draft consent order and see what they say , 

but then ive been told privately a judge may see this as credit washing, will put together the consent order the weekend and email it over with proposal to the solicitors

[BazzaS]

Why would they agree to a set-aside?

 

you need to offer them something.

How about “if you keep the current CCJ your client will be waiting a long time to get paid in full.  If you agree to a consent set aside, then a Tomlin order I’ll be able to get a lump sum of <X> from family to pay now, then an agreed sum of <Y> every <Z> [weeks/month\

 

This is of advantage to your client as they get more money sooner and have the backup of the Tomlin order (so they are not disadvantaged over the CCJ they currently hold))”

 

I offer this as best advice on the info you’ve given

 

Since you don’t want to give the requested details : if there is info missing that means my advice turns out to be poor advice because of info you haven’t given : your choice, your willing assumption of risk.

[Ethel Street]

Again I agree with BazzaS. You need to offer them something in return for them agreeing to a consent order. Otherwise  what incentive do they have to help you? Their duty is to their client, they have no duty to help you.

 

A committment to quick payment might  be accepted?

 

You can't sue the bloke in Birmingham because as I understand it he isn't a qualified professional of any sort and never claimed he was.. Basically he's no more than " bloke in a pub" who reckons he knows all about it but actually doesn't.  You can sue a qualifed professional but not a bloke in the pub.

[barrowboy]

Thanks to the above two posters

I will do as you suggest regarding tomlin order etc.

And ill let people know how i get on

[dx100uk]

travis perkins or screwfix?

[barrowboy]

33 minutes ago, dx100uk said:

travis perkins or screwfix?

Neither it was a local one

[Bazooka Boo]

Cloak and daggers......exciting!

[barrowboy]

6 hours ago, Bazooka Boo said:

Cloak and daggers......exciting!

Irrelevant as doesnt effect the process/prospects etc

 

[dx100uk]

DID YOU REQUEST A COPY OF THE signed PERS GUARANTEE?

OFTEN THESE ARE NOT ENFORCEABLE

opps sorry caps,

 

[barrowboy]

12 hours ago, dx100uk said:

DID YOU REQUEST A COPY OF THE signed PERS GUARANTEE?

OFTEN THESE ARE NOT ENFORCEABLE

opps sorry caps,

 

It wasnt one i had an account in my own name