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  • FIRST POST
    • birdmanT
    • By birdmanT 23rd May 17, 1:51 PM
    • 11Posts
    • 25Thanks
    birdmanT
    How long to set aside a CCJ
    • #1
    • 23rd May 17, 1:51 PM
    How long to set aside a CCJ 23rd May 17 at 1:51 PM
    Hi everyone
    Firstly, thank you for all the brilliant information available on the forum about CCJ's and getting them set aside. I have a CCJ at my old address on my credit file. Today I submitted forms to the court to get the judgement set aside. In your experience, how long does it take the court to process this and make a decision?

    Many thanks in advance
    Tom
Page 1
    • Coupon-mad
    • By Coupon-mad 23rd May 17, 9:42 PM
    • 49,992 Posts
    • 63,392 Thanks
    Coupon-mad
    • #2
    • 23rd May 17, 9:42 PM
    • #2
    • 23rd May 17, 9:42 PM
    They will arrange a hearing at your local court in the coming weeks, in June/July, which is when you have to show:

    - that you acted quickly and didn't receive the court claim, hence the CCJ was not your 'fault' and you weren't given a fair chance to defend,

    and

    - that, given that chance to defend now, you will have good prospects of success (that's where your Witness Statement/prepared defence comes in and it MUST be good, so look at the defences in post #2 of the NEWBIES thread).

    Be warned set aside usually works but not always, if ill-prepared:

    http://forums.pepipoo.com/index.php?showtopic=113027&st=20&start=20

    That's rare but don't be like that person. Get it set aside, with thorough reasons for a defence, as most cases we see are.
    Last edited by Coupon-mad; 25-05-2017 at 11:04 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • birdmanT
    • By birdmanT 24th May 17, 8:52 AM
    • 11 Posts
    • 25 Thanks
    birdmanT
    • #3
    • 24th May 17, 8:52 AM
    Thanks
    • #3
    • 24th May 17, 8:52 AM
    Thanks. I'm very much looking forward to my day in court and I have followed all the brilliant advice on the forum. I wasn't expecting the court to move that quickly, but I guess £255 is a good motivator.

    I'll keep everyone posted on this thread on my progress.
    • birdmanT
    • By birdmanT 31st May 17, 9:46 AM
    • 11 Posts
    • 25 Thanks
    birdmanT
    • #4
    • 31st May 17, 9:46 AM
    • #4
    • 31st May 17, 9:46 AM
    23rd May: Form submitted to request judgment to be set aside
    30th May: Received response from Court saying the case had been transferred to my local CC
    7th July: Received date for set aside hearing
    23rd August: Set aside hearing scheduled
    23rd August: Set aside agreed, claim against me dismissed, costs awarded
    31st August: Cheque from CEL arrives.
    Last edited by birdmanT; Yesterday at 11:53 AM.
    • Coupon-mad
    • By Coupon-mad 31st May 17, 5:39 PM
    • 49,992 Posts
    • 63,392 Thanks
    Coupon-mad
    • #5
    • 31st May 17, 5:39 PM
    • #5
    • 31st May 17, 5:39 PM
    All 4 cases on the forum today were won by the consumer defendants, coached here. Just to give you confidence!

    Last edited by Coupon-mad; 31-05-2017 at 5:56 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • birdmanT
    • By birdmanT 31st May 17, 5:52 PM
    • 11 Posts
    • 25 Thanks
    birdmanT
    • #6
    • 31st May 17, 5:52 PM
    • #6
    • 31st May 17, 5:52 PM
    I've not won yet, but I do look forward to having my day in court. Receiving a CCJ at my previous address was quite worrying to start off with, but after lots of research on the forums I'm confident.
    • birdmanT
    • By birdmanT 7th Jul 17, 2:22 PM
    • 11 Posts
    • 25 Thanks
    birdmanT
    • #7
    • 7th Jul 17, 2:22 PM
    Letter received from Court
    • #7
    • 7th Jul 17, 2:22 PM
    I got a letter today saying my hearing for the set aside has been scheduled for 23rd August. I'm making progress.
    • birdmanT
    • By birdmanT 23rd Aug 17, 1:05 PM
    • 11 Posts
    • 25 Thanks
    birdmanT
    • #8
    • 23rd Aug 17, 1:05 PM
    • #8
    • 23rd Aug 17, 1:05 PM
    Thank you for everyone's help, once again. Today I attended court and the following happened:

    Judgment against me was set aside
    Claim against me was dismissed
    I was awarded my costs (£255) which must be re-paid in 14 days

    The judge commended me on my witness statement, saying it was clear and concise and allowed him to make a quick judgment.

    Firstly, he quickly agreed to set aside the judgment, because it was clearly served at my wrong address. This took him less than 10 seconds.

    Secondly, he agreed that the claimant (CEL) had not established or submitted evidence that proved it could bring this claim against me. I was smiling at this point, as I realised he was about to also dismiss the claim against me. He then asked if there was anything else I'd like to add. I asked for my costs to be reimbursed (£255 set aside fee), which he agreed with and said CEL must pay me in 14 days.

    The case lasted perhaps five minutes, maybe less. The judge spent more time complimenting me on my witness statement and telling me I should change career and become a solicitor than the case itself. I told him I was very happy with my career choice and after telling him what I do, he laughed and agreed.

    My advice to everyone reading this, in a similar situation is; don't panic if you find out you've got a CCJ against you, at a previous address. It does take time to get your day in court, but once you're there, and providing you've followed the forums advice, you have a very strong chance of being successful.

    Thanks all
    Last edited by birdmanT; Yesterday at 11:54 AM.
    • waamo
    • By waamo 23rd Aug 17, 1:30 PM
    • 2,011 Posts
    • 2,429 Thanks
    waamo
    • #9
    • 23rd Aug 17, 1:30 PM
    • #9
    • 23rd Aug 17, 1:30 PM
    Well done. With so few questions too. It shows what a bit of research can do, all the information is here if people would only stop panicking and read up for themselves.

    You've done a great job there birdmanT.
    This space for hire.
    • nosferatu1001
    • By nosferatu1001 23rd Aug 17, 2:52 PM
    • 497 Posts
    • 591 Thanks
    nosferatu1001
    Well done! Shame you couldnt get your costs for the day as well

    Let the prankster know

    if you dont get your money, get the court to enforce. Costs about £70 i think?
    • birdmanT
    • By birdmanT 23rd Aug 17, 9:51 PM
    • 11 Posts
    • 25 Thanks
    birdmanT
    Thank you both.

    Forgive my ignorance, but how do I let the Prankster know?
    • Coupon-mad
    • By Coupon-mad 23rd Aug 17, 9:58 PM
    • 49,992 Posts
    • 63,392 Thanks
    Coupon-mad
    Google:

    parking prankster contact me


    Very well done, another shining example, like in saggi's case and others, on how to get this scam set aside and your £255 back! Which court? Just wondering if it was one we know to be anti-PPC/defendant friendly?

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 23rd Aug 17, 10:03 PM
    • 14,531 Posts
    • 22,858 Thanks
    Umkomaas
    Thank you both.

    Forgive my ignorance, but how do I let the Prankster know?
    Originally posted by birdmanT
    prankster@parking-prankster.com
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • birdmanT
    • By birdmanT 24th Aug 17, 9:53 AM
    • 11 Posts
    • 25 Thanks
    birdmanT
    It was Reading County Court. The judge was very kind as I said and complimentary about my witness statement.
    • birdmanT
    • By birdmanT 4th Sep 17, 7:16 PM
    • 11 Posts
    • 25 Thanks
    birdmanT
    A cheque arrived in the post last week from CEL. They paid quickly. Job done.
    • Coupon-mad
    • By Coupon-mad 5th Sep 17, 12:50 AM
    • 49,992 Posts
    • 63,392 Thanks
    Coupon-mad
    Very pleased to hear it, and they are out of pocket by £255 to unpick their own scam!


    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • The Deep
    • By The Deep 5th Sep 17, 9:31 AM
    • 7,004 Posts
    • 6,073 Thanks
    The Deep
    £255 is a mere trifle when set against the worry, the stress, the time. and sometimes the damage these ill founded CCJs can cause.

    If it happened to me, I would be furious and probably hire a QC and go for big bucks compo. IMO the PPC got off very lightly indeed.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 5th Sep 17, 11:32 AM
    • 14,531 Posts
    • 22,858 Thanks
    Umkomaas
    £255 is a mere trifle when set against the worry, the stress, the time. and sometimes the damage these ill founded CCJs can cause.

    If it happened to me, I would be furious and probably hire a QC and go for big bucks compo. IMO the PPC got off very lightly indeed.
    Originally posted by The Deep
    Even more galling TD is that the £255 is merely the repayment of what the OP had to first lay out to apply for the set-aside. This isn't an award for any damages/distress!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Johnersh
    • By Johnersh 5th Sep 17, 11:33 PM
    • 411 Posts
    • 737 Thanks
    Johnersh
    If it happened to me, I would be furious and probably hire a QC and go for big bucks compo
    And you'd fail to recover the brief fee you incurred on the basis that to do so was disproportionate to the matters in dispute.
    • The Deep
    • By The Deep 6th Sep 17, 9:33 AM
    • 7,004 Posts
    • 6,073 Thanks
    The Deep
    I am well aware of that Jonersh, but as I have said many times before, I put principal far above pounds shillings and pence.
    Last edited by The Deep; 06-09-2017 at 9:37 AM.
    You never know how far you can go until you go too far.
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