Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Queensbury
    • By Queensbury 6th Jul 17, 1:37 AM
    • 2Posts
    • 0Thanks
    Queensbury
    Country court judgment by default
    • #1
    • 6th Jul 17, 1:37 AM
    Country court judgment by default 6th Jul 17 at 1:37 AM
    Hi There,
    I need help on a defence statement please. Sorry my English is not that good and I apologise. 🤦!♀️
    I want to know if I have a case for a defence.

    I have received a CCJ. I wanted to defend it initially but it was on the wrong title (Mr instead Mrs) and since my late husband and I have the same first initial and surname the same I wasn't sure, so i called the County Court to explain this and I was told to send the ccj letter back to the court and state that (mr) does not reside at this address; Which I have done so and sent back. I also tried speaking to there solicitors to explain the situation but they wouldn't talk to me and said I am not a (Mr) and they will discussed the matter with (Mr X Xxxx). so next thing I received was the ccj which they won by default with still the wrong initial and title. So then I call CAB for an advice and was told to wait and see if it shows on my credit score. I have registered with several credit reports site and finally only one if the websites showed I have ccj agains me and still on the wrong title.

    so please I need help on defending it.

    Thanks
Page 1
    • Umkomaas
    • By Umkomaas 6th Jul 17, 6:46 AM
    • 15,423 Posts
    • 24,119 Thanks
    Umkomaas
    • #2
    • 6th Jul 17, 6:46 AM
    • #2
    • 6th Jul 17, 6:46 AM
    If there's a CCJ affecting your credit rating you are too late to 'defend'. The advice given by the CAB was rubbish. They should have told you to pay the CCJ so your credit file was not affected.

    You now need to go through the process of obtaining a set-aside. Information on doing this is contained in the NEWBIES FAQ sticky, post #2. You will need a good reason for not having responded to the court papers once they were reissued in your name. You also have to show you are eventually able to offer a reasonable defence against the original charge.

    You haven't said what the CCJ was issued for. Was it a private parking charge? If it was, was the car still registered in your late husband's name with the DVLA - or is it in your name? Which parking company is involved here?
    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.
    • The Deep
    • By The Deep 6th Jul 17, 7:52 AM
    • 7,374 Posts
    • 6,421 Thanks
    The Deep
    • #3
    • 6th Jul 17, 7:52 AM
    • #3
    • 6th Jul 17, 7:52 AM
    But can she obtain a set aside? The CCJ is not in her name. As her late husband will not be appying for credit, can she just not do nothing? Or, perhaps, send the court a copy of his death certificate?
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 6th Jul 17, 8:16 AM
    • 15,423 Posts
    • 24,119 Thanks
    Umkomaas
    • #4
    • 6th Jul 17, 8:16 AM
    • #4
    • 6th Jul 17, 8:16 AM
    But can she obtain a set aside? The CCJ is not in her name. As her late husband will not be appying for credit, can she just not do nothing? Or, perhaps, send the court a copy of his death certificate?
    Originally posted by The Deep
    I have registered with several credit reports site and finally only one if the websites showed I have ccj agains me and still on the wrong title.
    It's a bit confusing TD, I admit. Needs a clearer description from the OP.
    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.
    • Quentin
    • By Quentin 6th Jul 17, 9:22 AM
    • 33,227 Posts
    • 17,175 Thanks
    Quentin
    • #5
    • 6th Jul 17, 9:22 AM
    • #5
    • 6th Jul 17, 9:22 AM
    ... As her late husband will not be appying for credit, can she just not do nothing? Or, perhaps, send the court a copy of his death certificate?
    Originally posted by The Deep

    A debt doesn't die when the debtor does. It comes off the estate.


    If the CCJ is correctly against the late husband then the OP/executor needs to deal with the creditor.


    (Lots of creditors would write off a similar debt in the circs, though if the creditor here is a ppc it's probably unlikely!)
    • IamEmanresu
    • By IamEmanresu 6th Jul 17, 9:56 AM
    • 1,686 Posts
    • 3,086 Thanks
    IamEmanresu
    • #6
    • 6th Jul 17, 9:56 AM
    • #6
    • 6th Jul 17, 9:56 AM
    A debt doesn't die when the debtor does. It comes off the estate.

    If the CCJ is correctly against the late husband then the OP/executor needs to deal with the creditor.

    (Lots of creditors would write off a similar debt in the circs, though if the creditor here is a ppc it's probably unlikely!)
    +1 But the solution may lie in

    a) the date of the death and
    b) the date of the parking event and
    c) was there Keeper Liability.

    Seems a lot of hassle for an issue that should have little or no bearing on the OP.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Queensbury
    • By Queensbury 6th Jul 17, 11:33 PM
    • 2 Posts
    • 0 Thanks
    Queensbury
    • #7
    • 6th Jul 17, 11:33 PM
    • #7
    • 6th Jul 17, 11:33 PM
    Hi, thanks all for the replies.

    The Pcn was issued by a private company called PCM UK.

    I am the registered keeper of the car my husband never was the registered keeper. But when I received the CCJ it came with (Mr) as a title and only the initial of the first name and since me and my late husband have the same first initial and same surname I called the country court to clarify, and I was told to contact the claimant solicitors and send the ccj letter back to the court which I did. I tried to contacting there solicitors but they didn't want to talk to me as I was a woman and not (Mr)
    Last edited by Queensbury; 06-07-2017 at 11:36 PM.
    • Half_way
    • By Half_way 7th Jul 17, 6:28 AM
    • 3,830 Posts
    • 5,405 Thanks
    Half_way
    • #8
    • 7th Jul 17, 6:28 AM
    • #8
    • 7th Jul 17, 6:28 AM
    why was a parking charge issued in the first place?
    was this a residential, ie Own space issue?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Loadsofchildren123
    • By Loadsofchildren123 7th Jul 17, 10:17 AM
    • 1,585 Posts
    • 2,690 Thanks
    Loadsofchildren123
    • #9
    • 7th Jul 17, 10:17 AM
    • #9
    • 7th Jul 17, 10:17 AM
    They have confirmed to you it was a CCJ against Mr xxxxx.


    The credit report site has made the mistake here by entering it wrongly against YOUR name (Mrs xxx).


    I would tell the credit report that you are Mrs, not Mr, and that they must remove reference to the CCJ against your name and if they do not do so immediately then they are liable for any loss you suffer (I would expect them to remove it following your complaint - they do regularly remove things).


    You are in a sticky position - you can't apply to set this aside as it isn't against you but your husband who is deceased.


    So you must instead get some sort of formal confirmation that the CCJ was against him not you, then use this to get the credit reference agencies to amend any incorrect entry of the CCJ against your name.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,523Posts Today

5,364Users online

Martin's Twitter
  • I believe I can boldly go where no twitter poll has gone before https://t.co/HA0jC92gAK

  • OK I'm wilting to public pressure and there will be a star trek captain's poll at some point next week

  • I can get that. My order is 1. Picard 2. Janeway 3. Kirk. Too early to say where Lorca will end up (or would you? https://t.co/kawtCOe9RA

  • Follow Martin