Default CCJ from CEL set aside - what next?

georgealice

Good morning all, I apologise if this has been discussed previously (please feel free to point me to the thread if you can).

I recently noticed a CCJ on my credit file and on further investigation found this to be from Civil Enforcement Ltd. I immediately applied to have the judgement set aside, as I had not received any prior communications from them (the CCJ is registered to an address I lived at for about 6 months in 2012). I went to court and the judge agreed to set the judgement aside (CEL didn't show which was a bonus as I was unprepared to say the least).

I was wondering if anyone could advise regarding what I should now do. I understand that the debt is not satisfied and the judge mentioned submitting a defence, but if there's an option just to pay the money and be done with it I'll do that (cowardly I know, but I'm not the kind of person who thrives on this kind of thing)! I have no idea how to enter a defence, or what I should say - I have no experience with this kind of procedure and the judge said it like it was an everyday occurrence (to be fair, I was so nervous I was just trying to not come across as a blithering, time-wasting idiot, so I didn't think to ask for more info).

I think I was expecting to receive some sort of letter from the court confirming the CCJ was set aside and advice on what to do next, but I've had nothing to date and my case was heard on 18/12.

If anyone has any experience with this situation I'd be grateful for any advice. I'm assuming that CEL now have my current address to claim the amount from me, but I've not heard anything from them either. Should I maybe just wait for them to contact me?

Thanks in advance!
Georgina

Fruitcake

I'm not sure, but I think if you just pay then you won't get back the set aside fee, normally about 155 quid. If that is the case it will cost you a lot more than if you challenge it.


Is there an option for you to request the court allow you to use alternative dispute resolution?


There some knowledgeable people on here, pepipoo.com and possibly the Parking-Prankster who may be able to help. Hang around and see what crops up.

Ralph-y

as above ..... do not do anything just yet .....

while you are waiting have a read through the newbies thread .......

it will explain what advice is given ..... that normally helps to negate to need for courts ..... this will give you some background advice ....

https://forums.moneysavingexpert.com/discussion/4816822

then do a forum search for CEL OR DEAL to see the sort of people you are dealing with and how people have fought and won ....

the link below is all so useful

http://www.parking-prankster.com/court-claim.html

good luck

Ralph:cool:

ManxRed

CEL very rarely show up in court. If a decent defence is submitted and you are prepared to attend (it would be your local court) then the odds are in your favour.

The_Deep

Attending a CC is no big deal, a room with a table which you all sit round and discuss the case, not like that ridiculous poser on TV.


The judge will be well disposed to you. I doubt if there is a judge in the land who is not aware of the scabrous reputation of your opponent, so go for it. It may even boost your self esteem, and it is an interesting day out at the PPCs expence.

georgealice

Thanks all for taking the time to respond, I appreciate it.

I've already attended court for the setting aside of the judgement so I know what that entails. A representative of CEL did turn up but their paperwork had a different case number and surname on so they weren't shown into my courtroom (big sigh of relief). I don't know whether they were there for someone else or had just made a mistake with the paperwork.

I know it sounds weak but I have no desire to defend the case, regardless of whether I have a good chance or not. I have a previous bankruptcy, and have kept my credit file squeaky clean since then. My partner and I are looking to get a mortgage, move to a bigger place and start a family - with a CCJ on my file that's not going to be an option for another 6 years (it's going to be tricky enough as it is). I'd rather just pay the money and be rid of it!

I'll keep searching the other threads for information. I just don't want to be missing anything that's going to mean there's still a blot on my credit file. Arrrrrrrrrgh.

Half_way

The aim of this site is to save money, and a win against CEL, based on previous cases shouldnt be that hard to achieve.
As previously mentioned if you lose by not defending or not turning up you will have to pay the charge demanded by CEL and you will also lose the set aside fee, while the CCJ should be wiped you will also be helping CEL to fund their operations in persecuting other people and those less fortunate than yourself.

If you win, and by previous performance this should be reasonably stRaight forward you will not only have the CCj wiped you will not lose anything. you could also claim your costs, and if CEL do a no show you could lso claim that they are being unreasonable and claim a bit more than the statutory amounts, you should also inform the principal about this as well, as in my opinion whoever took on CEL in their car park should be held liable for your costs as a result of the actions of their agents

The_Deep

I know it sounds weak

Not only does it sound weak, it is weak, scandalously so.

You can win this and cost them money. They have not a snowball's chance in hell of winning in court, their reputation has been shot to pieces, and YOU are in the enviable position of being able to punish THEM for their misdeeds, and probably be £400-£500 better off for it. Man up and do the right thing.

I am betting this was a Co-op car park, am I right?

georgealice

I don't know which car park it was, as I have received no info about the claim or what it relates to. I only know it's a parking claim because that's what Google tells me CEL do.

Maybe I'm just a scandalously weak person, although I hope not. Sitting opposite the judge in that court room terrified me, I can't deny that, and I would give a lot not to have to do it again.

Do I have to wait for them to submit the claim again so that I can dispute it? I dont even know where to start! I was expecting the court to send me something to confirm the CCJ had been set aside, and take it from there but maybe they aren't sending anything and I'm waiting for nothing.

I'm sorry if my original post and intentions were out of line or misdirected, my main priority is clearing my credit record of any blemishes, not fighting the parking claim. Perhaps I should have posted elsewhere (or in hindsight not at all) and for that I apologise!

The_Deep

Yes you should, I suggest Mumsnet.

Half_way

To find out more, you need to put in a part18 request https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18/pd_part18

I'm not sure if im correct here, but after getting a set aside, and then not turning up you may be putting yourself at risk of having to pay a large sum out, and the CCJ may possibly remain on your record for 6 years.
if your happy to roll over then so be it, any chance you could throw some money over here?