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Time Limit For CCJ?

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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    chambta wrote: »
    Twenty eight days have long since elapsed. Erased was maybe the wrong word but I was told by the court that if I paid any judgement within 30 days it would in effect be as if never happened.



    In effect the latter.


    so you did not bother defending , is that correct?
    Save a Rachael

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  • chambta
    chambta Posts: 2,770 Forumite
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    pappa_golf wrote: »
    so you did not bother defending , is that correct?

    Don't worry yourself about what has happened in the past.

    Things happened. Other things didn't.

    I just want to know what the timescales are for ParkingEye to apply for this CCJ against me. I'll pay it as soon as they do but don't want to make their life any easier than it needs be.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    edited 20 May 2017 at 10:53PM
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    it you want the correct answers answer the questions

    if you did not defend it NEVER WENT TO COURT , it was a computer default ater 14 days ,

    date of recieving summons +14 days (if you did not defewnd) , + 28 days , default ISSUED BY MCOL in force
    Save a Rachael

    buy a share in crapita
  • chambta
    chambta Posts: 2,770 Forumite
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    pappa_golf wrote: »
    it you want the correct answers answer the questions

    if you did not defend it NEVER WENT TO COURT , it was a computer default ater 14 days ,

    date of recieving summons +14 days (if you did not defewnd) , + 28 days , default ISSUED BY MCOL in force

    I,m out ,

    I spoke to the court on Thursday and they have told me there is no CCJ yet.

    I have received literally nothing in the post relating to the matter since January.
  • molerat
    molerat Posts: 31,865 Forumite
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    chambta wrote: »
    Don't worry yourself about what has happened in the past.

    Things happened. Other things didn't.

    I just want to know what the timescales are for ParkingEye to apply for this CCJ against me. I'll pay it as soon as they do but don't want to make their life any easier than it needs be.
    You have not stated what happened.
    Did they go to court ?
    If so did the judge award against you ?
    If yes then they have 6 years to enforce the CCJ.
  • chambta
    chambta Posts: 2,770 Forumite
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    molerat wrote: »
    You have not stated what happened.
    Did they go to court ?
    If so did the judge award against you ?
    If yes then they have 6 years to enforce the CCJ.

    I only know what the chap on the end of the court helpline told me.

    He told me that since March 18th (or thereabouts) I could have had a CCJ awarded against me but that ParkingEye had not yet done whatever it is they need to do.

    He told me that as soon as that happens, whenever it is, I would have 30 days to pay the £175 claimed and it would in effect not show on my credit file.

    As stated above I have had absolutely no written communication about this since early January which I find a little surprising. I called ParkingEye twice to ask when they intend applying for any judgement and they cut me off each time after putting me on hold (deliberately?).
  • Umkomaas
    Umkomaas Posts: 41,355 Forumite
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    Are you sure this actually went to court? Were you served court papers asking you to submit a defence? Did you acknowledge service of those papers? Did you submit a defence?

    Which court have you been contacting, Northampton, or your local one?

    I'm not the expert on court issues, but my understanding is (happy to be corrected by anyone who can categorically do so) that in the case of a default judgment against you, everything else followed automatically to a CCJ (and its potential dire effects on credit rating if left unsatisfied).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Sounds like, since March, PE have effectively won by default because no defence was filed. But they have not actually applied for judgment by default yet. They will...
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  • Umkomaas
    Umkomaas Posts: 41,355 Forumite
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    Coupon-mad wrote: »
    Sounds like, since March, PE have effectively won by default because no defence was filed. But they have not actually applied for judgment by default yet. They will...

    Thanks CM. I wasn't aware that in a default situation, the claimant had to actually apply for judgment, thought it all went through on the 'conveyor belt'.

    Every day is a learning day.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    CM , if no defence was entered , the system would enanble a default judgement to be issued , and the outstanding money is due from that date , the "accused" has 28 days to pay this (post above , where did the court staff get 30 days from) or it will be entered on record .

    as far as I am aware PE do not have to ask for a CCJ , as the judgemet by the county court has already taken place.

    one wonders if PE ever actually sent anything to the court ?
    Save a Rachael

    buy a share in crapita
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