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  • FIRST POST
    • CELSupportersClub
    • By CELSupportersClub 7th Dec 17, 1:22 PM
    • 6Posts
    • 1Thanks
    CELSupportersClub
    CEL CCJ - Can i get a transfer of liability after CCJ, without paying for N244
    • #1
    • 7th Dec 17, 1:22 PM
    CEL CCJ - Can i get a transfer of liability after CCJ, without paying for N244 7th Dec 17 at 1:22 PM
    Good Afternoon Good People,
    Been going over the various threads: Newbies, Saggis ect Not seen the specific information i need.
    CEL Hell with a CCJ i have until the 27th to pay before my credits ruined for good.
    Ive thought about it and was wondering is there anyway i can get a 'Transfer of liability' without paying to get the case set aside?
    I knew nothing about the CCJ until the PoC was forwarded to me from a previous address by which time i had had a default judgment. Have not received the AoS pack (this may be forwarded at a later date but obviously too late).
    If i pay for the the N244 £255 and withhold the driver's details it is my understanding i would have to pay the original £100. This would take me over the existing debt.
    If i were to get it set aside i can't guarantee i could make the hearing due to work commitments.

    Please help!
    I can't imagine the christmas slow down will be in my favor.
Page 1
    • Quentin
    • By Quentin 7th Dec 17, 2:18 PM
    • 33,602 Posts
    • 17,503 Thanks
    Quentin
    • #2
    • 7th Dec 17, 2:18 PM
    • #2
    • 7th Dec 17, 2:18 PM
    You have been misled.

    You don't name the driver for a set aside application.
    • CELSupportersClub
    • By CELSupportersClub 7th Dec 17, 3:21 PM
    • 6 Posts
    • 1 Thanks
    CELSupportersClub
    • #3
    • 7th Dec 17, 3:21 PM
    • #3
    • 7th Dec 17, 3:21 PM
    Thanks for the response. After a default hearing is there anyway of dealing with the debt apart from paying for it in full or paying £255 for a set aside?
    • KeithP
    • By KeithP 7th Dec 17, 4:10 PM
    • 4,788 Posts
    • 3,147 Thanks
    KeithP
    • #4
    • 7th Dec 17, 4:10 PM
    • #4
    • 7th Dec 17, 4:10 PM
    Thanks for the response. After a default hearing is there anyway of dealing with the debt apart from paying for it in full or paying £255 for a set aside?
    Originally posted by CELSupportersClub
    Have you read post #2 of the NEWBIES FAQ thread?
    There's a whole section of that post devoted to set asides.
    Read all the guidance linked from that set aside section too.
    .
    • The Deep
    • By The Deep 7th Dec 17, 4:41 PM
    • 7,429 Posts
    • 6,480 Thanks
    The Deep
    • #5
    • 7th Dec 17, 4:41 PM
    • #5
    • 7th Dec 17, 4:41 PM
    Have you tried google. There is government guidance on how to deal with CCJs.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 7th Dec 17, 6:27 PM
    • 1,185 Posts
    • 1,228 Thanks
    nosferatu1001
    • #6
    • 7th Dec 17, 6:27 PM
    • #6
    • 7th Dec 17, 6:27 PM
    Pay or contested set aside
    That’s it
    • Johnersh
    • By Johnersh 7th Dec 17, 6:51 PM
    • 750 Posts
    • 1,393 Thanks
    Johnersh
    • #7
    • 7th Dec 17, 6:51 PM
    • #7
    • 7th Dec 17, 6:51 PM
    or paying £255 for a set aside?
    You know you do get the Court fee back if you win, right? Sometimes immediately, sometimes the costs are held over for the main hearing of the ticket.

    So the question you need to ask yourself, seeing as you have assistance from the country's most powerful PPC forum is "Do you feel lucky? Well, do ya, punk?"
    • Quentin
    • By Quentin 7th Dec 17, 7:30 PM
    • 33,602 Posts
    • 17,503 Thanks
    Quentin
    • #8
    • 7th Dec 17, 7:30 PM
    • #8
    • 7th Dec 17, 7:30 PM
    Thanks for the response. After a default hearing is there anyway of dealing with the debt apart from paying for it in full or paying £255 for a set aside?
    Originally posted by CELSupportersClub
    Success at getting this set aside isn't guaranteed.

    If your main concern is removing this from the register and your credit record (which will already have it entered) then do bear in mind your set aside application will take some time to reach a hearing during which any enquiry will show this on your record.

    (Your op does indicate some concern over your credit status,)
    • Johnersh
    • By Johnersh 7th Dec 17, 7:55 PM
    • 750 Posts
    • 1,393 Thanks
    Johnersh
    • #9
    • 7th Dec 17, 7:55 PM
    • #9
    • 7th Dec 17, 7:55 PM
    Fair points. Like all cases it depends on exact circumstances as to why papers ended up at the wrong address. Some cases are nailed on for set aside, some are more shaky.
    • CELSupportersClub
    • By CELSupportersClub 7th Dec 17, 10:14 PM
    • 6 Posts
    • 1 Thanks
    CELSupportersClub
    Yeah thanks for the replys guys! I want to fight this as the more i've looked into this the more i can see how easy it is fro them to scam victims. My concerns are:
    *Waiting to hear if it will be set aside and going over the cut off to settle the debt.
    *Having it set aside only to end up paying the debt if i loose. With obvious additional costs.
    *Being given a court date i can't attend.

    The last know address as per DVLA at the time forwards my mail on to me. It can be very slow but will always get to me. I have only ever received PoC.
    Timeline:
    15.1.17 alleged offence - No PCN received.
    16.10.17 Claimform sent out (according to CCBC) - Not received, possible delay.
    27.10.17 Date on envelope frank - PoC - Date: (You've guessed it) 11.10.17
    23.11.17 Date i received the forwarded PoC as detailed above.

    It's for a KFC carpark which if true, would not of been me driving.
    • CELSupportersClub
    • By CELSupportersClub 7th Dec 17, 10:19 PM
    • 6 Posts
    • 1 Thanks
    CELSupportersClub
    And yes sorry i have been all through the Newbies, Saggs, debt advice, government action on debt pages. Got tunnel vision though and would appreciate some perspective. If i decide to go forward i've bookmarked some decent templates from previous threads.
    • Johnersh
    • By Johnersh 7th Dec 17, 10:32 PM
    • 750 Posts
    • 1,393 Thanks
    Johnersh
    1. Given court resources, you are most unlikely to get a set aside hearing within 28 days. So you may wish to consider how strong your case is.
    2. The risk you take.
    3. You are permitted to submit dates to avoid
    • CELSupportersClub
    • By CELSupportersClub 8th Dec 17, 11:26 AM
    • 6 Posts
    • 1 Thanks
    CELSupportersClub
    1. Given court resources, you are most unlikely to get a set aside hearing within 28 days. So you may wish to consider how strong your case is.
    2. The risk you take.
    3. You are permitted to submit dates to avoid
    Originally posted by Johnersh
    Thank you Johnersh and thanks to everyone else, I appreciate the input.
    I cannot take any chances on this as i want to buy a house in the next few years. I'll give it the
    weekend for final thought and then look at paying, get it put to bed.

    Perfect timing with Christmas around the corner, It's like a Cashclamp red letter day from CEL

    • Quentin
    • By Quentin 8th Dec 17, 12:04 PM
    • 33,602 Posts
    • 17,503 Thanks
    Quentin
    If you do pay then don't rely on the claimant informing the court.

    Send a template receipt and a stamped addressed envelope along with your payment should you need to deal with the Court yourself to get the ccj removed from the register
    • CELSupportersClub
    • By CELSupportersClub 9th Dec 17, 12:37 AM
    • 6 Posts
    • 1 Thanks
    CELSupportersClub
    If you do pay then don't rely on the claimant informing the court.

    Send a template receipt and a stamped addressed envelope along with your payment should you need to deal with the Court yourself to get the ccj removed from the register
    Originally posted by Quentin
    Will do my friend! And keep up the good work! from the few days i was looking over the threads I can see you've helped out alot of people. Thanks for your time
    • Coupon-mad
    • By Coupon-mad 9th Dec 17, 1:40 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    Please don't pay CEL and expect them to communicate that it has been paid. This is a worse position than you are in at the moment, if you pay them and the CCJ gets entered anyway.

    We saw someone last year do that, spoke to someone at CEL on the phone, paid, and then CEL did nothing to tell the court and the person's CCJ was entered on their credit file anyway. Can't recall what happened in the end but it was a terrible mess and took more work than a more straightforward set aside.

    I would strongly suggest the £255 set aside is the better option as CEL can't hold you liable as keeper and we have never seen them win in court (or even turn up, recently). 'Setting aside' wipes the CCJ and starts again, and then you will win.

    I knew nothing about the CCJ until the PoC was forwarded to me from a previous address by which time i had had a default judgment. Have not received the AoS pack (this may be forwarded at a later date but obviously too late).
    No claim form at all?

    Similar to this person, who had two cases and one had no claim form, and has gone to a CCJ:

    http://forums.moneysavingexpert.com/showthread.php?t=5756903

    Please re-think the set aside option which at least means YOU are in control.
    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.

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