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CCJ mistake help :/

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  • CCJ mistake help :/

    I need some advice please. My husband had an unauthorised overdraft and was then made redundant a few years back. The bank then piled on over £300 interest despite him proving he was experiencing hardship. He refused to pay it and eventually a debt collection company took him to court. The court agreed that he should pay the £300 which he had said all along he was willing to do to both the bank and the debt collection company. However they also added court costs but as our son was terminally ill we did not have any fight left to argue with them.

    After that we got a letter from the debt collection company (he was paying as instructed) saying the debt had been paid and sent him a cheque. This was about the time our son passed away.

    Today (very close to the year anniversary of our sons death) we have got a letter from a firm of solicitors saying they made a mistake and he now has to pay it plus the cheque they sent.

    The initial owed was an agreed overdraught of £300 but he could not pay the £15 or whatever it was a month that the account needed for the overdraught to be free, we wrote saying we had difficulties and that paying it would cause hardship but they did not accept it.

    The court ordered him to pay the initial £300 back and the rest was court costs even though he had said all along he agreed to pay the £300 and agreed he owed it the interest on top came to over £600 so he wouldn't pay that. He started paying in £10 instalments.

    On 13th May 2015 he got a letter saying they can confirm the account is now closed and enclosed a cheque for £175.34 Noting that he was still making payments to the account that they would refund and he should cancel the payments. On 18th May 2015 he got another letter with a cheque for £10 'as an overpayment had been made on the account' On closer inspection of the letter, although addressed to my husband there is another name under the reference 'Mr Shuttle' (no idea who this is) We were thinking that an anonymous benefactor had paid it for us given the immense stress we were under and that we, and still do, raise a lot of money for a cancer charity

    At this time our son s chemo was not working, he was becoming more disabled and about a month later we were told he had 3 to 6 months to live so we were not in a position to look into why this had happened we were just glad to have one less worry and spent the money on our last family holiday

    The letter received yesterday, from Cabot solicitors Reston who got the CCJ, and says they have been instructed to recover £470. which is owed under the CCJ plus £175.34 refunded in error. It says he owes £645.34 and they want it by the 9th of November :/

    Hope you can help advise x x x

    We have got enough stress to deal with and don't need this, can anyone advise the best way forward.




    Many Thanks in advance x x x
    Tags: None

  • #2
    Re: CCJ mistake help :/

    Hi t2t & welcome to LB.

    It would seem that they are saying that, due to an error, you have been unjustly enriched.
    However, as you relied on their letters of May 2015, you could argue 'change of position'; the money has now been spent.
    Lipkin Gorman-v-Karpnale Ltd (1991)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: CCJ mistake help :/

      Originally posted by charitynjw View Post
      Hi t2t & welcome to LB.

      It would seem that they are saying that, due to an error, you have been unjustly enriched.
      However, as you relied on their letters of May 2015, you could argue 'change of position'; the money has now been spent.
      Lipkin Gorman-v-Karpnale Ltd (1991)

      Thank you for your reply,do we have any case to argue re the CCJ?

      Comment


      • #4
        Re: CCJ mistake help :/

        On what grounds?
        You have stated that your husband agreed to the debt including interest, & court costs etc are a recoverable amount in favour of the successful claimant.
        Also, by implication the case was heard some years ago.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: CCJ mistake help :/

          All the way through my husband said he would pay the £300 overdraught but not the interest fees that were put on top, the court agreed with that as he was in the right. If the solicitors that took him to court had done what was right, that the judge agreed with he would just owe the original £300. I was just hoping that because they got it wrong and have caused us so much stress at a very difficult time, and are continuing to do so, that we might have some leverage. That would mean the legal/financial system had a heart though lol

          Thank you so much for your help and advice x x x

          Comment


          • #6
            Re: CCJ mistake help :/

            What was the total sum on the judgement this is what matters if it was amount claimed and costs and fees that's what is owed.

            Comment


            • #7
              Re: CCJ mistake help :/

              [MENTION=2]Celestine[/MENTION] & [MENTION=6]Amethyst[/MENTION] I would be thinking a write off of at least the £175 mistakenly repaid given the circumstances?

              Comment


              • #8
                Re: CCJ mistake help :/

                Originally posted by charitynjw View Post
                Hi t2t & welcome to LB.

                It would seem that they are saying that, due to an error, you have been unjustly enriched.
                However, as you relied on their letters of May 2015, you could argue 'change of position'; the money has now been spent.
                Lipkin Gorman-v-Karpnale Ltd (1991)
                Sorry it's taken me a while to update this. I am pleased to say, after writing them a long letter and quoting above. they agreed to stop persuing the debt Thank you all for your advice x x x

                Comment


                • #9
                  Re: CCJ mistake help :/

                  That's fantastic news

                  I hope the pain of your loss is becoming manageable - I have been there ( although a stepson) so I have an inkling of the time you are having.

                  Comment

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