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  • #1

    Illegal CCJ????

    Hi there AAD (and yes I will make a donation if I get answers and this website works),

    About 3 years ago I had to pull my son out of Private Education due to my financial circumstances changing. Roughly a year afterwards my credit card was declined so I called the issuing bank to ask why. Apparently I had a CCJ. I knew nothing about this. However, I had had a fella knock on my door with a letter previously advising me that I hadn't paid a terms money to his school. I was also told by this man that I was lucky as the judge threw the case out of court as I hadn't been served papers. This has proved untrue. I do have a CCJ.

    Eventually I agreed a payment plan with the school and paid until my circumstances changed. Eventually I wrote to them and told them that I could afford to pay until I sell my house. They disagreed and have emailed me to say that they are taking further action, even though (after fuel direct) I only take home £12 a month. I live by selling on eBay.

    MY QUESTION IS THIS. I have done all I can to repay these guys and promised to repay all the debt once my property sells. I was never served papers as I had moved and therefore knew nothing about my CCJ until the credit card company blocked my card.

    Do I have a right to make a claim against them for illegally applying for a CCJ, after all it was them that stopped taking the money from my account?

    Help please...
    Tags: action, addresses, andrew, bank, benefit, blocked, card, ccj, child, claim, contract, court, cra, credit, credit card, data, dca, debt, default, donation, education, financial, firm, forced, fuel, illegal, independent, letter, mat, money, paid, payment plan, private, property, rules, schools, selling, withdraw, work
  • #2
    Re: Illegal CCJ????

    hi Andrew,
    Welcome to AAD. This site is the real deal. Someone will be along soon to help with your query.
    Best
    SA
    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Illegal CCJ????

      welcome to AAD and i can assure you that you will never be forced to make a donation here, that is not how we operate.

      ok, so do you or not have a ccj, have you checked?

      I work in education and I can confirm that independent schools normally head straight for the jugular for unpaid tuition, however, did you speak to them an explain your plight?
      they usually will work with you to benefit the child, their pupil.

      so what is this further action?
      if they already have a ccj, they could be trying to do a variety of things, but what are the specifically threatening.

      How much are we talking and did they go through a DCA?

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      • #4
        Re: Illegal CCJ????

        Private education may go straight for the jugular but they MUST follow rules, PAP's / Issue an LBA etc first like.

        Questions to OP:

        1. When was the debt from (year)
        2. Did you sign an agreement?
        3. Did you use any of the facilities of the school or did you withdraw your child(ren)?
        4. How much do they say you owe?
        5. Did you move addresses, if so what year?
        6. When was the CCJ issued?
        7. When did you first become aware they'd obtained a CCJ?

        From the above we might be able to learn more to be able to assist you.

        Last question - why did an unrelated CCJ affect your credit card? Did the bank reduce your limit at the time the CRA data-feed updated showing the CCJ or what? They're unrelated so that puzzled me a bit.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Illegal CCJ????

          Hello Andrew and to AAD.

          I put my daughter through private school so I know that they become very businesslike when bills don't get paid. I was always late. You will have signed a contract with the school. Most say you have to give a full term's notice before removing a child or pay a term's fees in lieu. Maybe that's what the school has been pursuing or were there also arrears from previous terms when he did attend the school?

          Having said that if you never received the court summons you may be able to get the CCJ set-aside. You would have to prove that the school would have known your new address since you admit you had moved, and also convince the court that you would have had a likely success of defending the claim but were denied the opportunity.

          A lot depends on the circumstances surrounding that contract and whether you breached it or even signed it.

          Also can you explain how or why they stopped taking the money which had been agreed from your bank account?

          It wasn't an illegal CCJ as such, the school would have got a Default Judgement because you didn't respond to the summons (how could you if you didn't get it in the first place )

          The first thing is to establish whether you have any grounds to get that CCJ set-aside. If you can't do that then you can still apply to the court to vary that CCJ to monthly payments you can afford which could be as little as £1 per month

          Here's a bit of info to start the ball rolling:

          http://www.adviceguide.org.uk/wales/...rder_set_aside

          PlanB x

          Comment

          • #6
            Re: Illegal CCJ????

            Thread moved to ----->http://forums.all-about-debt.co.uk/f...l-Debt-Matters

            And you have a welcome thread which is here -----> http://forums.all-about-debt.co.uk/s...l=1#post448812
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

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