Claimant misleading court to obtain CCJ

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Magicman
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#1 Claimant misleading court to obtain CCJ

Post by Magicman » 05 Nov 2017 09:14

Not a baliff question, but wondered if anyone could point me in the right direction.
Claimant mislead County Court in order to obtain CCJ.
I was a LIP and the Claimant led the Court to believe that I was deemed to have accepted the agreement.
However, the actual circumstances are, that I entered into an agreement, which was subsequently altered without my knowledge, including adding a liability. The Claimant argued that I was deemed to agree, as I continued to act as a party to the agreement.
At all times I was acting as a participant of the original agreement.
I stated that I had no knowledge of the changes, and the claimant produced no documentation to show otherwise.
The Judge believed the Claimant's solicitor.
It was not until several months after the judgment, I discovered that even the most inexperienced solicitor would know that you have to be aware of any changes before you can be deemed to have accepted them. This is documented in every text on contract law. By this time, the time allowed for appeal had passed.
Is there anything I can do about this? Who would I take this to, to investigate?
Anyone able to help...?

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Schedule 12
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#2 Re: Claimant misleading court to obtain CCJ

Post by Schedule 12 » 05 Nov 2017 09:45

i think you might be out of time to appeal the judgment, but I think you need a contracts expert to unravel the contract issue.
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Michelle
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#3 Re: Claimant misleading court to obtain CCJ

Post by Michelle » 05 Nov 2017 10:33

Magicman wrote:
05 Nov 2017 09:14
Not a baliff question, but wondered if anyone could point me in the right direction.
Claimant mislead County Court in order to obtain CCJ.
I was a LIP and the Claimant led the Court to believe that I was deemed to have accepted the agreement.
However, the actual circumstances are, that I entered into an agreement, which was subsequently altered without my knowledge, including adding a liability. The Claimant argued that I was deemed to agree, as I continued to act as a party to the agreement.
At all times I was acting as a participant of the original agreement.
I stated that I had no knowledge of the changes, and the claimant produced no documentation to show otherwise.
The Judge believed the Claimant's solicitor.
It was not until several months after the judgment, I discovered that even the most inexperienced solicitor would know that you have to be aware of any changes before you can be deemed to have accepted them. This is documented in every text on contract law. By this time, the time allowed for appeal had passed.
Is there anything I can do about this? Who would I take this to, to investigate?
Anyone able to help...?
A CCJ would be a judgment for an amount of money. Presumably you have been ordered to pay an amount of money that you don't really owe as such but that the claimant could argue that you owed as a result of you having breaching some sort of contractual term, is that correct? This could be anything from, say, a mobile or Sky contract where you sign up for 12 or 24 months to a lease or any similar situation. How much are we talking about?
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Magicman
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#4 Re: Claimant misleading court to obtain CCJ

Post by Magicman » 05 Nov 2017 11:06

Michelle wrote:
05 Nov 2017 10:33
A CCJ would be a judgment for an amount of money. Presumably you have been ordered to pay an amount of money that you don't really owe as such but that the claimant could argue that you owed as a result of you having breaching some sort of contractual term, is that correct? This could be anything from, say, a mobile or Sky contract where you sign up for 12 or 24 months to a lease or any similar situation. How much are we talking about?
The agreement is Articles for a company. They inserted a contributions clause without my knowledge and consent.
The sum is close to £40,000. This sum is decided by the Directors.

The issue is that they have mislead the court. My argument was correct - I could not have been deemed to have accepted the changes as I didn't know about them. As a LIP, I didn't have anything to throw back at the judge and I didn't have the money to approach a solicitor. I had to rely on free advice and that is hard to come by... :-(

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Schedule 12
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#5 Re: Claimant misleading court to obtain CCJ

Post by Schedule 12 » 05 Nov 2017 11:25

I can put you in touch with solicitors who might be able to take it on, but the stumbling block is you might be out of time to appeal.

It is not unknown for a solicitor to mislead the court. One solicitor representing a bailiff company that was involved in a case where the debtor committed suicide, concealed the fact his client bailiff company defrauded the deceased with unlawful fees and took control of goods that were exempt, a motorbike used for courier work.

The deceased would probably be still alive if the bailiff company had not breached regulations.
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Magicman
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#6 Re: Claimant misleading court to obtain CCJ

Post by Magicman » 05 Nov 2017 11:43

Yes, definitely out of time for appeal.
I'm broke. I don't have the funds for a solicitor. :-(
I was hoping that there might be an authority who would investigate the matter.
After all, it is a miscarriage of justice...

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#7 Re: Claimant misleading court to obtain CCJ

Post by Schedule 12 » 05 Nov 2017 12:14

If you don't own any property or its held in trust, then you can apply to write it off in a bankruptcy. Do not take this lightly, so run a simulation on the insolvency website first and see how you would pan out. https://www.gov.uk/bankruptcy

I have clients who went through bankruptcy and they kept the house with its equity. Its usually all finished in 12 months, and you can work overseas or become an employee until you exit with a clean slate.
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Magicman
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#8 Re: Claimant misleading court to obtain CCJ

Post by Magicman » 05 Nov 2017 15:53

I have considered bankruptcy, however,
1. They'll get away with a fraud and misleading the court.
2. It costs a sizable fee to apply for bankruptcy.

My preferred option would be justice... :-)

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Schedule 12
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#9 Re: Claimant misleading court to obtain CCJ

Post by Schedule 12 » 05 Nov 2017 15:59

You need to speak to an expert about misleading the court. It is out of my comfort zone

The fee to enter bankruptcy is £525 if you qualify for fee remission. You can pay it with a credit card and throw it into the bankruptcy, but you should not tell the practitioner you have done so.

If you go bankrupt to write off a judgment and costs, it will be comforting to know your opponent will end up liable for the solicitor's fees as well as writing off all that money they will never recover.
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