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The Dreaded Civil Enforcement Ltd

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  • Re: The Dreaded Civil Enforcement Ltd

    When you applied to set aside the CCJ did you ask for the costs of the application fees, did the order say that they should pay you those application fees?

    You could write to the court or address it to the judge (if you know) in question, and request that an order be made that the Claimant pays your application fees of £255 for the set aside. Their conduct by not paying for the hearing fee and/or lack of correspondence amounts to unreasonable conduct (CPR 44.2), which has caused you to suffer loss as a result.

    The court will either say make an application or refuse to grant it. Either way, you have no CCJ and the case has been struck out so I would say that's a win even at the expense of £255.
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    Comment


    • Re: The Dreaded Civil Enforcement Ltd

      Originally posted by R0b View Post
      When you applied to set aside the CCJ did you ask for the costs of the application fees, did the order say that they should pay you those application fees?

      You could write to the court or address it to the judge (if you know) in question, and request that an order be made that the Claimant pays your application fees of £255 for the set aside. Their conduct by not paying for the hearing fee and/or lack of correspondence amounts to unreasonable conduct (CPR 44.2), which has caused you to suffer loss as a result.

      The court will either say make an application or refuse to grant it. Either way, you have no CCJ and the case has been struck out so I would say that's a win even at the expense of £255.
      I believe I did state state my case and asked for my costs at the time of the CCJ set aside application, but clearly nothing happened so maybe I did it incorrectly

      It's just such a shame that companies like this can put people in this position, and for a young couple who were applying for a mortage for a home it would have been a complete disaster. I have newspaper reports to illustrate that this practice is rife, but little seems to be being done to curb it.

      I guess the reality is, as you say, it's probably prudent to accept that it's all over and learn from it for the future - I'm forever warning people now about the risk

      Can I thank you both again for all the help and support you have given, it's been really very good of you. I'm just sad I dont have knowledge to give back, but if you're local and in need of a semi pro photographer then I'm your man .... Thanks for the great job you do here, I'm assuming I will hear no more now, so wont need to bother you on the subject.

      Ive just given the site details to someone who is struggling with a lease purchase / landlord, so hopefully he will get good advice here as well.

      Comment


      • Re: The Dreaded Civil Enforcement Ltd

        Originally posted by Stravinskykof View Post
        I believe I did state state my case and asked for my costs at the time of the CCJ set aside application, but clearly nothing happened so maybe I did it incorrectly

        It's just such a shame that companies like this can put people in this position, and for a young couple who were applying for a mortage for a home it would have been a complete disaster. I have newspaper reports to illustrate that this practice is rife, but little seems to be being done to curb it.

        I guess the reality is, as you say, it's probably prudent to accept that it's all over and learn from it for the future - I'm forever warning people now about the risk

        Can I thank you both again for all the help and support you have given, it's been really very good of you. I'm just sad I dont have knowledge to give back, but if you're local and in need of a semi pro photographer then I'm your man .... Thanks for the great job you do here, I'm assuming I will hear no more now, so wont need to bother you on the subject.

        Ive just given the site details to someone who is struggling with a lease purchase / landlord, so hopefully he will get good advice here as well.
        It's over, unless they get this order set aside. 100% ask the court politely for costs. You could even just ask the claimant for £255 but they'll probably say piss off.

        M1

        Comment


        • Re: The Dreaded Civil Enforcement Ltd

          Originally posted by mystery1 View Post
          It's over, unless they get this order set aside. 100% ask the court politely for costs. You could even just ask the claimant for £255 but they'll probably say piss off.

          M1
          I could always send them an invoice (which they would ignore) and then take them to court for non payment :-) :-)

          Comment

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