I have opened the post today to CCJ against 2 clients (2 separate CCJs I should add), both from CoHo re late filing fees. We are the Reg Off
Both letters are default judgements and say that the defendant didn’t respond to the claim form. The thing is, I don’t remember seeing the claim forms. Fine letters from CoHo yes, but nothing other than those
Ive never had this before, just debt collection letters. Has anyone else come across this change in policy?
Suggestions? Or just pass to clients and it’s their problem?
Replies (5)
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It's a bit awkward since the letters make it sound like it's your fault they didn't get the claim forms.
If you've previously passed on the fine letters I'd just pass these on too and let the clients deal with it though, just make it clear you've given them everything that's been sent to you.
At the end of the day they knew there was a fine and they must know they haven't bothered paying it, the rest is just splitting hairs.
I'm sure you are professional and conscientious and did everything in your power to ensure that the accounts were filed, including warning them of penalties, and forwarded the original penalty notice.
On that basis you can and should pass it to the client with a 'told you so'.
You should then have received a penalty notice from Co House. You would then have received a letter first from a debt collection agency, then a follow up letter from their solicitors which warns that if not paid county court action would be taken. Then a summons from County Court giving 14 days to respond. This can be extended to 28 days by the client but if the summons isn't responded to then a CCJ is issued. If you haven't received the summons the client can have the CCJ set aside but it's a costly process, and is not guaranteed.
This is worth a try
Contact the court from whom the CCJ's were issued and ask them what was the correspondence address for the Claims. This may absolve you if it wasn't the RO.
Check carefully the address details inc post code