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    • Westy86
    • By Westy86 4th Dec 17, 12:11 AM
    • 2Posts
    • 0Thanks
    Westy86
    Supposed CCJ Against Me - BW Legal / Excel Parking Fine
    • #1
    • 4th Dec 17, 12:11 AM
    Supposed CCJ Against Me - BW Legal / Excel Parking Fine 4th Dec 17 at 12:11 AM
    Hi All,

    I've been trawling the forums and tinterwebs for hours, I'm looking for some definitive advice! I have recently received a letter from BW Legal on behalf of Excel parking re: a parking ticket I got but did not pay over 2 years ago. I have evidence that I believe would get the parking ticket overturned if necessary, but that's not my main issue.

    This letter I got from BW Legal states that in September 2016 I had a CCJ entered against me. It says the fee of over £250 is outstanding and Excel are now considering enforcement action (ie. Bailiffs).

    However, I've just done a search of myself on the Trust Online Registry and I have no CCJ registered against my name. Not to mention this is the first I've heard of BW Legal, and I certainly have never had any correspondence from the County Court.

    So before I send a scathing complaints email to BW, the FCA and the Solicitors Conduct Authority and refuse to pay their BS "arrears" I'm wondering - has anyone else had this experience with this company or similar? Is it possible that they have just made up this CCJ to scare me into paying? I've read some places online that CCJ's don't automatically show up on the register - only if they are enforced or requested to be registered by the claimant. Is this true?! If so what's the point of the Online Registry??

    I'm confused. Currently I have no CCJ registered against my name and I'd like to keep it that way. I've already stuck my head above the parapet by responding to BW in the first instance (admitting nor accepting anything!!!) as I was so freaked out by this "CCJ" letter. I'm absolutely willing to get it set aside if it does exist and I understand the procedure for that but I want to know if it's possible that I do actually have one but it's just not showing up, and will me poking the BW Legal bear make that happen, (in which case where can I find out definitively whether I have a CCJ ot not?!) or if it is a pure fabrication to try and scare me into paying their inflated fees? I

    Thanks all!
    Last edited by Westy86; 04-12-2017 at 12:13 AM.
Page 1
    • IamEmanresu
    • By IamEmanresu 4th Dec 17, 6:00 AM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    • #2
    • 4th Dec 17, 6:00 AM
    • #2
    • 4th Dec 17, 6:00 AM
    It may be a CCJ but may not be registered with Trust Online if it is under the 30 days between the CCJ being granted and it being registered.

    Have you had any court papers? Have you moved and perhaps the court papers were sent to an old address? Was there a Claim number (D6xxxxxx) on the paperwork?

    If it is the latter then phone MCOL today with that reference and get them to tell you the date of the judgment and the address to which the Claim form was sent. Phone number at bottom

    http://forums.moneysavingexpert.com/showthread.php?t=5754849
    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
    • Westy86
    • By Westy86 5th Dec 17, 7:58 PM
    • 2 Posts
    • 0 Thanks
    Westy86
    • #3
    • 5th Dec 17, 7:58 PM
    • #3
    • 5th Dec 17, 7:58 PM
    Hey, thanks for our reply. I have done a credit check and it comes up that the CCJ is real. It was issued in September 2016. All paperwork was sent to a house I sold and moved out of in early 2014. All my paperwork would be updated to reflect my house move by the time the ticket was issued in 2015 and the CCJ was issued in 2016.

    Any ideas if this will stand up in as part of my argument to get the CCJ set aside? There's no way I could have ever known this was going on, otherwise I would have absolutely actioned it at the time. Hence why I'm only finding out about it now!

    Thanks!
    • bris
    • By bris 5th Dec 17, 8:03 PM
    • 7,089 Posts
    • 6,105 Thanks
    bris
    • #4
    • 5th Dec 17, 8:03 PM
    • #4
    • 5th Dec 17, 8:03 PM
    Getting it set aside is at the courts discretion, you will struggle to do this now with the long passage of time. You can of course still try.
    • Johno100
    • By Johno100 5th Dec 17, 8:20 PM
    • 3,236 Posts
    • 3,522 Thanks
    Johno100
    • #5
    • 5th Dec 17, 8:20 PM
    • #5
    • 5th Dec 17, 8:20 PM
    Hey, thanks for our reply. I have done a credit check and it comes up that the CCJ is real. It was issued in September 2016. All paperwork was sent to a house I sold and moved out of in early 2014. All my paperwork would be updated to reflect my house move by the time the ticket was issued in 2015 and the CCJ was issued in 2016.
    Originally posted by Westy86
    All? Would that have included the V5c (AKA Log Book) for the vehicle in question? We find many posters remember to update their driving licence details but overlook/don't realise they also have to update the V5c.
    • Quentin
    • By Quentin 5th Dec 17, 8:23 PM
    • 33,486 Posts
    • 17,366 Thanks
    Quentin
    • #6
    • 5th Dec 17, 8:23 PM
    • #6
    • 5th Dec 17, 8:23 PM
    Getting it set aside is at the courts discretion, you will struggle to do this now with the long passage of time. You can of course still try.
    Originally posted by bris
    The length of time is irrelevant.

    The issue with 'time" is you shouldn't wait to request s set aside once you find out that you have been issued one!
    • KeithP
    • By KeithP 5th Dec 17, 8:40 PM
    • 4,734 Posts
    • 3,072 Thanks
    KeithP
    • #7
    • 5th Dec 17, 8:40 PM
    • #7
    • 5th Dec 17, 8:40 PM
    Getting it set aside is at the courts discretion, you will struggle to do this now with the long passage of time. You can of course still try.
    Originally posted by bris
    If the court documents weren't satisfactorily served, then the court has no discretion - the set-aside must be granted.
    .
    • Johnersh
    • By Johnersh 5th Dec 17, 8:55 PM
    • 734 Posts
    • 1,361 Thanks
    Johnersh
    • #8
    • 5th Dec 17, 8:55 PM
    • #8
    • 5th Dec 17, 8:55 PM
    Ok so, base down like this:

    1. C gets one go to request DVLA details. If they requested your info ages ago, it's their fault for serving at the wrong address. They assumed you hadn't moved. As any UnderSiege2 fan will tell you "assumption is the mother of all fxxx ups" (+1 KeithP)

    2. If you failed to update the v5c and that's why they got the wrong address when they applied for it in (say) 2016 that's on you and clearly the grounds for set aside are harder (not least because it's discretionary not mandatory)

    3. If you sit on this till the New Year then it's +1 Quentin, because delay once you have knowledge is a bad idea (in general) and certainly for exercise of discretion.

    Hope that helps. You need to understand how the service at the wrong address came to pass and only you can answer that.
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