I have a CCJ - what do I do?

eagertolearn

As I posted in another thread I thought the threats from Civil Enforcement were just bluffs, but I found out I have a CCJ today. I had no idea I could lose without going to court! So now what? I wasn't even driving the car and it was a Coop at 10pm. Do I wait for the bailiffs, pay up £215, appeal or nothing?

Redx

well, you dont appear to have searched the forum before posting, otherwise you would find dozens of similar threads

but here is the most recent one, with advice, please read it

https://forums.moneysavingexpert.com/discussion/5047173

ps:- if you have a CCJ, its already been to court, and judgement awarded to CEL

pps:- not sure why you mentioned not being the driver, POFA 2012 makes the RK liable from oct 2012

have you complained to the COOP like parking prankster advised months ago ?

Umkomaas

I received one of these letters this week so have ignored the PCN, the final reminder and this on advice from a barrister friend (who also received the same as we were out together). The 'crime' was committed in Oct 2013. I'm going to continue ignoring any future correspondence.

The "Notice of assignment of debt" letter was from

Civil Enforcement Ltd
Horton House
Exchange Flags
Liverpool L2 3PF

They have assigned 87.5% to this organisation and say "..we have instructed Debt Enforcement & Action Limited to recover this remaining amount on our behalf". How they are going to do that ?

She's your man (from your original post on this).

But it's going to cost you £155 (recoverable if you win) to have this referred back to the court, and you're going to have to have all your ducks lined up from a legal point of view, so will need to either do lots of research to do this yourself, or get your friend to do it for you on either 'mates rates' or 'pro bono'.

HO87

Presumably you are the registered keeper?

Did you ignore the court papers too or have you moved home? If you have moved and the papers went to your previous address then that alone should see you successfully obtain a set aside order.

As above I suggest you speak to your barrister friend. He will be able to guide you in far more detail than we can at a remove here bearing in mind he has detailed knowledge of the car park in question.

eagertolearn

Thanks for the replies - I will speak to her tomorrow (Barristers aren't always men ;-)) but I guess if I pay the £215 the CCJ will be removed, much as I don't want to but this is the least hassle route and punishment for not reading the forums properly. Honestly, the letters AND the court papers looked like they had come off a child's printing press so I didn't think they were genuine - I know now...

Umkomaas

eagertolearn wrote: »

Thanks for the replies - I will speak to her tomorrow (Barristers aren't always men ;-)) but I guess if I pay the £215 the CCJ will be removed, much as I don't want to but this is the least hassle route and punishment for not reading the forums properly. Honestly, the letters AND the court papers looked like they had come off a child's printing press so I didn't think they were genuine - I know now...

Amended it for you

She's your man.

eagertolearn

btw I did phone the COOP to complain but obviously could not get through to the right department as all I got was "it's not our problem"

bazster

Unless the CCJ was handed down less than a month ago paying it will NOT make it disappear. It will be marked as "satisfied" on your credit score but it'll still be there.

The only way to make it disappear is to try to get it set aside and then fight the case (which, if you did it vigorously enough, you would win because CEL always backs down at the last minute or simply doesn't show up).

esmerobbo

Obtaining a set aside after ignoring a claim may be difficult.

bazster

esmerobbo wrote: »

Obtaining a set aside after ignoring a claim may be difficult.

Yes, I imagine so.

Redx

so the lesson to be learned is that sometimes barristers are not up to speed on the aspects of private parking enforcement, contract law , MCOL and CCJ issues

it would seem that you get better advice from some of the regulars on here than barristers having read this thread (I can only go off what I have read as I have no prior knowledge)

I would hope Mr Beavis has a barrister that knows a lot more about these topics