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UK-Justice
UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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CCJ issued but debt already paid off in full

Customer Question

Good morning.
I am working aborad in the UAE on a secondment. I have received a CCJ from Northampton County Court. This is dated 10 September 2012 and is in respect of unpaid service charge and was brought against me by the managing agents of a an apartment which I own in London. The managing agents (OM Peverel) are the Claimants.

In fact I made an automated payment on 14 August 2012 settling the service charge in full. That was also the date which Northampton Country Court issued their judgement for the Claimant.

As I am abroad, I did not receive any letter before action.

I have contacted the Claimant and they confirm that I do not owe them anything. Claimants have also contacted their solicitors to check.

Claimants solicitors have sent me WP communication informing me that they can agree to (1) vary the order and mark it as satisfied or (2) apply to set aside the order but I will need to pay costs of GBP45.

I would like to seek legal advice as my bank and mortgage company have realised the CCJ and have withdrawn credit facilities towards me. I currently do not owe anything to the Claimants.

Do I have any grounds to claim against the managing agents or the lawyers (JB LEITCH of Liverpool).
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  UK-Justice replied 1 year ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Do you have proof of payment?
Customer: replied 1 year ago.
Yes I have proof of payment. The payment is not in dispute. Claimant has sent me a statement of account confirming I paid in full on 14 August. That was the day when simultaneously Northampton Country court issued judgement for the Claimant. I do not believe judgement should have been entered against me as I had no knowledge of the outstanding service charge (I was abroad) and when I was made aware, I paid in full.
Expert:  UK-Justice replied 1 year ago.
Forgive me,

What date was the claim form?

What date was judgment entered?

What date did you pay?
Customer: replied 1 year ago.
I never received a claim form.

I paid in full on 14 August 2012. This was in response to an overdue notice from Claimants. Their correspondence address is my sister's flat in London. She collects all the post and sends it to me.

Judgement for Claimant was entered 10 September 2012.

Subsequently my banks have withdrawn unused credit cards based on an adverse CCJ. I have had no other records or CCJs registered against me.

Expert:  UK-Justice replied 1 year ago.
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Customer: replied 1 year ago.
Thanks. I know that I need to complete an N244 and also the claimants solicitors are offering to do this (see my first email). My question is whether I have a claim against claimants or their lawyers for pursuing a CCJ against me even though I have made payment in full.
Expert:  UK-Justice replied 1 year ago.
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UK-Justice
UK-Justice
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Called to the Bar in 2007