Mortgage declined - stealthy CCJ from Parking Eye in 2012

billybudd

Possibly a slightly different scenario to the standard PE debacle, I've read through the Newbies and other sticky threads and couldn't find exactly what I was looking for.

I was about to finally become a first time buyer but I failed a credit check last week for a mortgage because my credit rating has a massive dent in it due to Parking Eye.

I have only just become aware that they filed a CCJ against me in July 2013 for a November 2012 'illegal park' - parking that I'm not even aware of because I can't ring them or contact them to find out more information (and it's so long ago!) and the case has been closed at court!

I moved addresses around the time of the incident and although I changed my address on the DVLA pretty quickly, it seems that from my research PE must've sent the invoice and subsequent threats to my old address.

I'm really keen to get this CCJ removed so I can buy a flat. I know I'll have to spend £155 initially but even at that point I would subsequently have to take Parking Eye to court and win, and if I lost the CCJ would still be there and I would have the extra costs.

I suppose my question is, what do people think my chances of winning a case like that which happened a few years back?! And if it is worth fighting, is there a cheap way of doing it with no-win, no-fee lawyers?!

Many thanks to you all and he wealth of information available on this forum

Quentin

billybudd wrote: »

....I suppose my question is, what do people think my chances of winning a case like that which happened a few years back?! And if it is worth fighting, is there a cheap way of doing it with no-win, no-fee lawyers?......

The age of the CCJ is irrelevant if you have a sound defence.


But this won't be of any interest to no win no fee lawyers (no matter how good your defence)

esmerobbo

If it is set aside the CCJ is removed. If you lost at court, if PE reissued you would have 28 days to pay the judgement it would then be removed from the register.

HO87

The alternative would be to approach PE at the point at which you obtain the set aside (so forestalling any decision they may make to re-issue proceedings) and see if they would be prepared to negotiate a settlement. That would be quicker and might be less problematic than having to go through the process of defending a case.

billybudd

Quentin wrote: »

The age of the CCJ is irrelevant if you have a sound defence.


But this won't be of any interest to no win no fee lawyers (no matter how good your defence)

Thanks for the response. As I'm not aware of the incident I don't really have a defence, except I never received any letters from them but is this enough?

billybudd

esmerobbo wrote: »

If it is set aside the CCJ is removed. If you lost at court, if PE reissued you would have 28 days to pay the judgement it would then be removed from the register.

Thanks for your response!

How do I set aside th CCJ? Just by spending the £155 to take this to court, or do I also need to actually win the case? I'm just wondering because I'm not sure how I'll win as I'm not even aware of the incident.

billybudd

HO87 wrote: »

The alternative would be to approach PE at the point at which you obtain the set aside (so forestalling any decision they may make to re-issue proceedings) and see if they would be prepared to negotiate a settlement. That would be quicker and might be less problematic than having to go through the process of defending a case.

Could be a good idea, even though it'll be finding their horrible empire. Will just have to figure how to get a set aside. Thanks

Quentin

billybudd wrote: »

Thanks for the response. As I'm not aware of the incident I don't really have a defence, except I never received any letters from them but is this enough?

No.


Simply "proving" you were unaware is not enough, unless you can prove you did send them (PE) your correct address.


You also need to convince the judge you have a defence (with a reasonable chance of winning) against the claim.

billybudd

Quentin wrote: »

No.


Simply "proving" you were unaware is not enough, unless you can prove you did send them (PE) your correct address.


You also need to convince the judge you have a defence (with a reasonable chance of winning) against the claim.

In that case I'm at a loss - I can't prove I sent PE my correct address because I never received anything from them.

So would you suggest paying the £155 to set the CCJ aside, and then paying PE whatever the fine is? The CCJ amount is £165 so is it that? £310 but at least I could pas a credit check!!

Quentin

billybudd wrote: »

So would you suggest paying the £155 to set the CCJ aside, and then paying PE whatever the fine is? The CCJ amount is £165 so is it that? £310 but at least I could pas a credit check!!

You don't simply pay the fee and it gets set aside.


As posted you do need to be able to show the judge (at the set aside hearing) that apart from you being unaware the creditor was pursuing you through Court you do have a defence that has a reasonable chance of getting the original claim struck out.

HO87

The cost of £155 is the fee to apply for a set aside. There would be a hearing before a judge and he will decide what is fair. Your post suggests that you had no idea of the debt in the first instance - that PE's letters to you (assuming there were any) did not reach you.

As far as obtaining a set aside there is no requirement that you show that you were unaware of your being pursued and have a defence that has a reasonable chance of success. It is sufficient that you show that there is good reason for the judgment to be set aside (interests of justice etc). That is not to say that the judge will necessarily give you an easy ride.