CCJ for unpaid student house bills

CCJ for unpaid student house bills

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Leedssurveyor

Original Poster:

72 posts

122 months

Thursday 14th August 2014
quotequote all
Hi Guys

Bit of advice needed guys.

A girl I have recently started seeing told me that she has a CCJ against her name relating to her house share and an unpaid utility bill she was unaware of. Basically the utility company were owed approx £1k from an 8 bed house and my bird was the named person on the utility contract.

They then left the house, utility company pursued the debt, my bird probably buried her head in the sand as girls sometimes do and then next thing is a letter from court stating she has a CCJ.

Que the month to pay and satisfy the debt...she leaves it until the last minute, has been in constant contact with the utility companies solicitor who have stated on at least five occasions verbally that the deadline was 5pm today to make payment - she calls up, and then they say.. oh actually I have just re-read and the deadline was 5pm on Monday this week.

When my bird told me this I was in shock - surely this is complete professional negligence? Said girl now faces 5 years on the CCJ register, wont be able to get mortgage, loan etc...severely affecting her financial future.

What would you guys advise to do next?

My advice was;

Complain to them asking for their complaints handling procedure
Complain to the Law Society
Complain to the Legal Services Ombudsman
Request that said Solicitor applies to court to set aside the Judgement or state it has been satisfied so she can get removed.

Failing that I would be inclined to sue them for ruining my financial future...

I fully expect at least 10 posts on how daft this is and should never have got to this stage but am hopeful at least one person responds with something useful!

Many thanks in advance.

marshalla

15,902 posts

200 months

Thursday 14th August 2014
quotequote all
Why didn't she have a copy of the CCJ and the deadline herself ?

Tyre Tread

10,525 posts

215 months

Thursday 14th August 2014
quotequote all
Whose responsibility was it to settle the debt in a timely manner?

Nobody to blame but herself.

Sorry but you can't balme another party for your own negligence.

I assume you are relaint upon the fact that if a judgement is settled within 28 days and the Court informed that it doesn't appear on the register?

Well, that means you (she) would need to ahve paid it in time for the funds to clear AND allow time for the Claimant to rgesister with the Court that the debt had been settled AND allowed tiome for the Court to process the notification.

To address your comments:
Complain to them asking for their complaints handling procedure - Complain about what?
Complain to the Law Society - Complain about what?
Complain to the Legal Services Ombudsman - Complain about what?
Request that said Solicitor applies to court to set aside the Judgement - On what grounds? I suspect that the application would be rejected and possible award for expenses against you 'bird'.
or state it has been satisfied so she can get removed. - She will be able to apply for a certificate of satisfaction once its paid and it can be recorded that the judgement was granted and settled. It will likely still have a detrimental effect on her credit record though.


Edited by Tyre Tread on Thursday 14th August 17:11

Leedssurveyor

Original Poster:

72 posts

122 months

Thursday 14th August 2014
quotequote all
She only received the court ruling stating the CCJ will be in effect from the 14th of July. No mention of the deadline for payment to remove from the register.

Leedssurveyor

Original Poster:

72 posts

122 months

Thursday 14th August 2014
quotequote all
Guys I know its her fault RE taking so long - but the fact she was given a wrong date to work towards was contributory/negligent you cannot argue anything but.

marshalla

15,902 posts

200 months

Thursday 14th August 2014
quotequote all
Clearly one of life's victims and incapable of finding information for herself.

http://www.justice.gov.uk/courts/northampton-bulk-...

She needs to pay up now and get the judgment marked as satisfied.

And you should probably move on unless you want to deal with more of this.

marshalla

15,902 posts

200 months

Thursday 14th August 2014
quotequote all
Leedssurveyor said:
Guys I know its her fault RE taking so long - but the fact she was given a wrong date to work towards was contributory/negligent you cannot argue anything but.
No - the onus was on her to find out from definitive sources - like the court.


Leedssurveyor

Original Poster:

72 posts

122 months

Thursday 14th August 2014
quotequote all
Ok. So lets say this was your son/daughter... what would you say? Would you state the above to said upset child?

Tyre Tread

10,525 posts

215 months

Thursday 14th August 2014
quotequote all
Just re-read your original post OP.

Which month were the utility co referreing to?

They may have been referring to the 28 days that the Court odered it should be paid within before they can take enforcement action rather than the 28 days I was assuming to avoid registration of the judgment.

Academic really as either way its your 'bird's ' resposnibility to have complied with the court order.

HOWEVER, I'm sure if you speak nicely to the utility company they will accept payment now and will delay commencement of enforcement action.



supertouring

2,228 posts

232 months

Thursday 14th August 2014
quotequote all
As above, time to find someone else with a little more common sense.


Mattt

16,661 posts

217 months

Thursday 14th August 2014
quotequote all
She's not a child though, she's an adult.

Tyre Tread

10,525 posts

215 months

Thursday 14th August 2014
quotequote all
Leedssurveyor said:
Ok. So lets say this was your son/daughter... what would you say? Would you state the above to said upset child?
Yes. I would tell them to grow up and take responsibility for their actions or face the consequences.

Not everything negative that happens to you in life is somebody else's fault.

ETA. You are not dealing with a child (I sincerely hope) but an adult who is supposed to be responsible. PLEASE tell me that the house sharing was not whilst she was gaining a university degree?

Edited by Tyre Tread on Thursday 14th August 17:20

supertouring

2,228 posts

232 months

Thursday 14th August 2014
quotequote all
Leedssurveyor said:
Ok. So lets say this was your son/daughter... what would you say? Would you state the above to said upset child?
Absolutely. Why upset, it was her own mess. Time to grow up and act responsibly.

Leedssurveyor

Original Poster:

72 posts

122 months

Thursday 14th August 2014
quotequote all
I agree with all your comments to be fair. I am just really looking for a possible solution or way forward from here, we are where we are now and its unfortunate I wasn't seeing her sooner as I would have forced her to sort it.

Agreed it was her responsibility etc I think the best thing now is try it out, complain to who we can and try kick up a stink about them giving the wrong date and hope for the best.

Tyre Tread

10,525 posts

215 months

Thursday 14th August 2014
quotequote all
I think you should just get it paid and move on.

You have nothing to complain about.

She didn't act when she was ordered to do so by the Court.

You'll just be wating their time and yours and they won't thank you for it.

Get it paid or expect bailiffs.

marshalla

15,902 posts

200 months

Thursday 14th August 2014
quotequote all
PAY IT

Pothole

34,367 posts

281 months

Thursday 14th August 2014
quotequote all
Leedssurveyor said:
Ok. So lets say this was your son/daughter... what would you say? Would you state the above to said upset child?
Yes. Why wouldn't you? Stupid people should learn from their mistakes.

Mattt

16,661 posts

217 months

Thursday 14th August 2014
quotequote all
Presumably the other 7 people paid their share, what did she do with that cash?

Leedssurveyor

Original Poster:

72 posts

122 months

Friday 15th August 2014
quotequote all
Well she has not told the other 7 yet..and therefore didn't have the cash at the time.

z4RRSchris99

11,220 posts

178 months

Friday 15th August 2014
quotequote all
ask the other 7 for the money, pay the bill.

the ones that dont pay up money claim against them. (presuming they are no longer your mates)

this happened in the student house i lived in, ended up being about £200 each, but avoided a CCJ