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  • FIRST POST
    • Sassii
    • By Sassii 9th Jul 17, 8:57 PM
    • 154Posts
    • 95Thanks
    Sassii
    Urgent: Got CCJ on my credit records
    • #1
    • 9th Jul 17, 8:57 PM
    Urgent: Got CCJ on my credit records 9th Jul 17 at 8:57 PM
    Hi All
    Just knew that I got a CCJ record on my previous address from oct. 2015 from NORTHAMPTON COUNTY COURT & I believe It's from PCM although I informed them for my new address when I moved.

    Help please

    Regards
Page 2
    • nosferatu1001
    • By nosferatu1001 13th Sep 17, 5:48 PM
    • 1,558 Posts
    • 1,720 Thanks
    nosferatu1001
    Coupon_mad - its worse than that. the roads are publicly owned, so there is NO authority. In fact ticketing is almost certainly fraudulent as they will know they have no authority to ticket there!
    • Sassii
    • By Sassii 13th Sep 17, 7:48 PM
    • 154 Posts
    • 95 Thanks
    Sassii
    Take proof that you had moved (if that's the reason you never received the claim), but that you were 'there to be found' with a basic search - i.e. prove things like: you are on the public electoral roll - if you are. As nosferatu1001 said.
    Originally posted by Coupon-mad
    Thanks for your advise but my question should I receive at that stage any documents from PCM Like WS or evidences. How I'll go to court with nothing about the PCNs

    Regards
    • Quentin
    • By Quentin 13th Sep 17, 8:14 PM
    • 34,168 Posts
    • 18,116 Thanks
    Quentin
    You are going to a hearing about your set aside application, not about the claim against you!


    As the claimant got a default ccj against you then there was no need for them to communicate with you
    • Coupon-mad
    • By Coupon-mad 13th Sep 17, 8:16 PM
    • 52,914 Posts
    • 66,449 Thanks
    Coupon-mad
    Thanks for your advise but my question should I receive at that stage any documents from PCM Like WS or evidences. How I'll go to court with nothing about the PCNs
    Originally posted by Sassii
    That's exactly what you do, because this is not the hearing to hear the actual case.

    Almost everyone here with a CCJ is in the same boat - none of them have even seen the claim form - and you need to paint a picture of confusion and a 'wronged victim of a notorious industry' and see if the Judge is as annoyed as you are and agrees to strike the entire claim out (that's your aim).
    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.

    • nosferatu1001
    • By nosferatu1001 14th Sep 17, 10:33 AM
    • 1,558 Posts
    • 1,720 Thanks
    nosferatu1001
    And you must confirm how you didnt receive the claim forms - I didnt see that

    The point I made about being able to show the forms COULD NOT have been *served* - a legal term with a specific meaning - was an important one. If you can show failure to serve the set aside should be automatically granted.
    • Sassii
    • By Sassii 22nd Sep 17, 1:14 PM
    • 154 Posts
    • 95 Thanks
    Sassii
    That's exactly what you do, because this is not the hearing to hear the actual case.

    Almost everyone here with a CCJ is in the same boat - none of them have even seen the claim form - and you need to paint a picture of confusion and a 'wronged victim of a notorious industry' and see if the Judge is as annoyed as you are and agrees to strike the entire claim out (that's your aim).
    Originally posted by Coupon-mad
    Hi again, sad news I lost the set aside case.

    I went to court wait for 2 hrs no one apperead from Gladstones but they sent defend documents to court and asked the court to postpone the hearing to 2 pm but the judge refused so the hearing start without Gladstone.

    The judge said Gladstone proved they sent the claim form to my new address while I told him that not happened as the CCJ on my old address (showing the judge experian credit report proved that & Notrthampton county court said to me by phone the claim form sent to my old address. ( all of that were attached to my defence statement) but the judge gave me the impression he never saw that before and doesn't want to read any thing at hearing.

    The judge asked me why it takes too long from me to open set aside case I told him I never knew about that up to July 2017 showing him e-mail from Experian credit report explaining why that CCJ never appeared on the credit report up to June 2017 when experian update their system). the judge said you knew before that from 2015

    The judge asked me why I think I'll will win the case I told him & show him the area plan drawings proved it's public road but he said you parked in restricted area. I said I'm the keeper not the driver & they didn't follow POFA 2012 & I cancelled the contract PCM tried to put in place with me before they issue any of the tickets & I gave the judge PCM-UK v Bull et all B4GF26K6 [2016] case but he was not interested to read it.


    The judge refereed that PCM refused my appeal to them & I have to pay at that time and the have the authority to issue the charge.

    Also the judge didn't show me Gladstons document.

    Very disappointment but I'm not going to pay to PCM any penny so Could you please guide me for the next step as I think Gladstones not saying the truth.


    Now I have another normal hearing case next month & I would like to avoid any doubt before go to court.

    Regards
    Last edited by Sassii; 22-09-2017 at 1:22 PM.
    • Quentin
    • By Quentin 22nd Sep 17, 2:16 PM
    • 34,168 Posts
    • 18,116 Thanks
    Quentin
    You say you won't pay but now that the ccj stands and they know where you are then bear in mind that they can enforce the judgement against you by getting bailiffs involved/attachment of earnings etc all at your extra cost.
    • Sassii
    • By Sassii 22nd Sep 17, 3:05 PM
    • 154 Posts
    • 95 Thanks
    Sassii
    You say you won't pay but now that the ccj stands and they know where you are then bear in mind that they can enforce the judgement against you by getting bailiffs involved/attachment of earnings etc all at your extra cost.
    Originally posted by Quentin
    That is what I replied to the judge if the claim form sent to my current address why PCM didn't send the bailiffs up to now but he was not listening. What can I do to stop that and go for next Judge step do I need to go to solicitor & go for supreme court?.

    Regards
    • Coupon-mad
    • By Coupon-mad 22nd Sep 17, 3:41 PM
    • 52,914 Posts
    • 66,449 Thanks
    Coupon-mad
    Now I have another normal hearing case next month & I would like to avoid any doubt before go to court.
    What, against PCM about the same place?

    This is shocking:

    sad news I lost the set aside case.

    I went to court wait for 2 hrs no one appeared from Gladstones but they sent defend documents to court and asked the court to postpone the hearing to 2 pm but the judge refused so the hearing start without Gladstone.

    The judge said Gladstone proved they sent the claim form to my new address while I told him that not happened as the CCJ on my old address (showing the judge experian credit report proved that & Notrthampton county court said to me by phone the claim form sent to my old address. ( all of that were attached to my defence statement) but the judge gave me the impression he never saw that before and doesn't want to read any thing at hearing.
    Which court is this, not Wigan or Swansea, is it? Which Judge?
    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.

    • Sassii
    • By Sassii 22nd Sep 17, 3:53 PM
    • 154 Posts
    • 95 Thanks
    Sassii
    What, against PCM about the same place?
    Originally posted by Coupon-mad
    Yes but different street

    Which court is this, not Wigan or Swansea, is it? Which Judge?
    Originally posted by Coupon-mad
    Romford County Court. The judge name not in any letter from the court so I don't know.

    Please what can I do now?.

    Regards
    Last edited by Sassii; 22-09-2017 at 3:56 PM.
    • Quentin
    • By Quentin 22nd Sep 17, 4:31 PM
    • 34,168 Posts
    • 18,116 Thanks
    Quentin
    You would need to get proper legal advice on appealing the decision and your chances.
    • Sassii
    • By Sassii 15th Dec 17, 11:44 PM
    • 154 Posts
    • 95 Thanks
    Sassii
    Hi all again, received letter from dcbl (attached) while waiting for appeal hearing date. my solicitor already replied to that.
    As you have more experience in their tricks, I would like to ask what does it mean by ''High Court ref. name: Queen's Bench''?.

    https://www.keepandshare.com/doc16/19983/epson023-pdf-268k?da=y

    Regards
    • Coupon-mad
    • By Coupon-mad 15th Dec 17, 11:49 PM
    • 52,914 Posts
    • 66,449 Thanks
    Coupon-mad
    Remind us, is the sum over £600?
    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.

    • Sassii
    • By Sassii 16th Dec 17, 2:05 AM
    • 154 Posts
    • 95 Thanks
    Sassii
    Remind us, is the sum over £600?
    Originally posted by Coupon-mad
    Yes. Thanks for quick reply
    • Quentin
    • By Quentin 16th Dec 17, 8:39 AM
    • 34,168 Posts
    • 18,116 Thanks
    Quentin
    The claimant can use High Court to enforce ccjs if the order is £600 or more


    You get 7 days to pay the bailiffs otherwise they can start bailiff seizing action by calling at your home


    Always a possibility a ccj will be enforced as advised in #27
    Last edited by Quentin; 16-12-2017 at 9:07 AM.
    • Loadsofchildren123
    • By Loadsofchildren123 16th Dec 17, 9:05 AM
    • 1,879 Posts
    • 3,074 Thanks
    Loadsofchildren123
    Have you applied to appeal the refusal to set aside? If yes, where are you with that?
    Applying for permission to appeal does NOT stay the original order (ie the clock does not stop) unless you specifically ask for a stay and one is granted.
    So whilst you are appealing and no stay has been ordered they are entitled to enforce against you.
    If you have a pending appeal you should ask them to delay enforcement until that is dealt with.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Sassii
    • By Sassii 16th Dec 17, 9:11 AM
    • 154 Posts
    • 95 Thanks
    Sassii
    The claimant can use High Court to enforce ccjs if the order is £600 or more


    You get 7 days to pay the bailiffs otherwise they can start bailiff seizing action by calling at your home
    Originally posted by Quentin
    That is what my solicitor sent to them
    ''Please note that the enforcement action should be placed on hold since the matter is still ongoing. Our client has made an appeal application to set aside the default judgement and we are waiting for an oral hearing to be listed. Please find enclosed the appeal application dated xxxx and the court correspondence acknowledging our application.

    Kindly acknowledge safe receipt of this correspondence and revert back to us with confirmation as to placing the enforcement action on hold. Should you not be agreeable to our request our client will be forced to seek legal advice on making an injunctive application to prevent you from enforcing the court judgement and this may increase costs.''
    • jkdd77
    • By jkdd77 16th Dec 17, 12:12 PM
    • 252 Posts
    • 323 Thanks
    jkdd77
    If the OP has a solicitor specifically dealing with the case, he/ she should probably follow their advice.

    In general terms, if the intention is not to pay pending the appeal of the apparently disgraceful refusal of set-aside, it might be best to hide and lock away the car, if possible, to lock all doors and windows, not to open any doors or windows to anyone the OP does not know, and to convey the latter instruction to anyone else living with them.

    For "debts" of this nature, the bailiff cannot force entry unless he/ she has previously gained 'peaceable entry', but can clamp the debtor's car (in practice meaning any car at the relevant address not proven to belong to someone else).
    • Loadsofchildren123
    • By Loadsofchildren123 19th Dec 17, 3:44 PM
    • 1,879 Posts
    • 3,074 Thanks
    Loadsofchildren123
    If it was me I'd write again to record the fact that this letter has been ignored and they are racking up unnecessary costs seeking to enforce an order that is actively under appeal. Ask again for confirmation that no enforcement steps will be taken and if they do not reply within a set time limit you will make an application for the order to be stayed. Speak to your solicitor about this. It's clear in the rules that an order under appeal is not stayed (ie suspended) until the appeal is heard, you have to specifically ask for a stay. Until a stay is given they are entitled to take enforcement action.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Sassii
    • By Sassii 20th Dec 17, 2:39 PM
    • 154 Posts
    • 95 Thanks
    Sassii
    Until a stay is given they are entitled to take enforcement action.
    Originally posted by Loadsofchildren123
    I think Gladstones took this action now to stop me to get a suspend order against the enforcement action during xmas time as every one busy or on holiday.
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