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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9147
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I got an absolutely absurd cci on my file for nothing. i was

Customer Question

hello i got an absolutely absurd cci on my file for nothing. i was having long legal battle with my landlord, and ask my friend on 14th april to borrow me 1 000 to pay the lawyers feels as they ask more than i expected and always increasing, i paid 2 400 so far thought that is it, but when i come for appointment before court lawyers saying that i need to pay another 900 for legal reps and etc. hence i ask my friend for loan.he said no problem but return in 2 weeks. on the first hearing 21st April where we thought judge will dismiss claim of landlord and will look at my counterclaim, we almost reached agreement to settle before court but couldn't agree on wording i rejected their proposal even against advice of my layover , so after 4 hour of negotiations i fed up and said ok lets go to court. at hearing judge decides wherever you win or loose or court and litigation. although my lawyer was following the book that actually was written by appointed judge by chance, we missed some small moment in order to dismiss their claim as per plan - court decision - litigation and court in in august. next day my friend ask me to give number of my lawyer i said of course maybe you will tell him that he is not acting in my best interest. instead lawyer said that I'm so silly to reject I'm his opinion proposal (which btw included immediate paying in check 1k, so i could give back to my friend) and etc. instead of actually listening to me and why i did it my friend calling me back any saying that I'm wasting money and on 27th April (13 days after) without any warning just putting claim against me small claims court, i have not received the papers because it was complete mess as i had to move from the flat, and letter got lost. on 12 May landlord aggress on my 2 times better then original pre court agreement , I'm calling my friend saying listen i reached better agreement but i need this money as per tomkins order i need to leave the flat by certain date hence need money to rent new one and ask him what would be suitable for him alternative plan of paying off his debt. he said in 20 sec that either i pay today for he will sue me (and he actually already did but i didn't know it). because of his attitude and the fact that he is wealthy person but acting in principal, i have decided that i better have roof over head and rent new flat , and will deal with hi when he will calm down. i found the flat all good but on last stage agent calling me and saying that I have CCJ! i found from there. my legal question can i ask court to set aside cci on the basses that my friend didnt follow pre action protocol and court practice directions before he could sue me first of all , secondly on the basis of the fact that i didn't know that he actually submit the claim but not going to submit?
JA: Because laws vary from state to state, can you tell me where the company is registered?
Customer: its small claims court against two individuals
JA: What action has been taken so far? What's your ideal outcome?
Customer: ideal outcome to set aside cci, because its unbelievable that it could happen at all! if everyone would sue their friends for not giving back 50 or something , the courts would be flooded with such claims. hence he needs to follow practice direction i e send me letter before legal action which i need to acknowledge and etc. why i want cci to be set aside ? because i dont want it have to be on my file at all even in satisfied version. so i want to bring all back to start receive actual letter from court and then find solution whereby cci would be just removed from register and he will get his money! i can give now, but i would leave myself with satisfied cci for 6 years !
JA: Anything else you want the lawyer to know before I connect you?
Customer: practically that it, just question can i ask court to set aside ccj as creditor didnt follow pre-action protocol and court practice directions and the fact that i have not seen these papers at all to answer to it
Submitted: 1 year ago.
Category: UK Law
Expert:  F E Smith replied 1 year ago.

Can you summarise the fact here because it’s not immediately apparent exactly what’s happened? Thanks.