CCJ from Carpark in Manchester

Coupon-mad

IamEmanresu wrote: »

Drop me a PM on this as there may be a way around this.

Do as IamEmanresu suggests...he can assist you and is 100% trustworthy. Maybe you are not 'unluck1' after all.

unluck1

IamEmanresu wrote: »

Drop me a PM on this as there may be a way around this.

Hello won't let me PM you please could you PM me.

Thanks

Harry

unluck1

A bit more insight into what's going on for anyone going through a similar situation.

So from the day I left off on Tuesday, I contacted Citizens Advice, MIL and Northampton County Court. I sought a lot of advice, just had to book the day off work to get it all underway. After reading up a lot, I noticed I may have put myself in a position of uncertainty by paying them off straight away. MIL got what they want off me but it was up to them now to fulfil their part of the deal - of which they had no obligation. I presumed this wouldn't come easy.

Solicitors wanted a small fortune to help, and legal advice didn't come cheap so I had to go at it alone - Either I attempt on my own, or end up paying off a Solicitor's bill in instalments which would probably be over by the 6 years anyway.

So I had to take the road I began with, getting MIL to do what they promised... Sending the set aside application and not marking it as satisfied. I began calling them every 3 hours asking if theres been any progress on the set aside application. It got to the point where they knew my name just by my voice when I called, I wasn't rude, I was polite at all times but a nag.

It got to Friday and after persistence, the document had been done. I even got a copy of the entire document (N244) of MIL requesting to set aside judgement by consent due to defendant not being able to get the letters. They also then asked me if I wanted to attach anything to the application. I quickly drafted up a letter mentioning I moved home, I attached proof of my new tenancy, I also mentioned I had no means of finding out about the CCJ apart from my credit scoring subscription, I also attached my phone log of me contacting the companies showing my bonafide attempt to resolve the matter and how i acted "promptly". I emphasised how serious the matter was and that I feel I didn't get the chance to represent myself. The MIL advisor attached this and sent this all off along with the N244 form. I noticed the form had said "without hearing", when I queried the advisor said it just saves us time and money due to the fact we're both in agreement to set aside.

One final thing, I asked the advisor to send me an email confirming what my £155 was for, he then sent an email saying £100 court fee by consent & a £55 draft fee (typical) - I confirmed that the fee was indeed £100 on the gov.uk website. For me, this just confirmed that I've now paid for a set aside application and not having it marked as satisfied.

I then called up Northampton and they said could take up to 4 weeks. So now I wait...

Thanks for all the help so far guys, I'd love to say it's over but I think there's still a bit more to come. For me, i feel a bit better because I've given it a full attempt. I now also have email proof of them agreeing to set aside. So if all else fails, I will attempt the N244 on my own.

Coupon-mad

'the MIL advisor'?

They do not have advisors and do not have a Customer Service Dept. But well done for persistence - it is a terrible shame you paid them though. And the £300 was wrong because it included a bailiffs fee never paid out, didn't it? They seem to have lied to you and they didn't mention the £155 until they had your £300, that's sharp practice.

The more complaints the merrier. Complain to:

- the DVLA for letting this happen by handing over your data in the first place
- the CSA
- the FSA
- your MP
- Watchdog

This is the new form of clamping and it cost you four times as much as most people used to pay when their cars were clamped.

Here, your finances were clamped and this needs stopping. It is worse than clamping was and is a scandal waiting to be discovered by people, thousands might be affected by this scam.

MIL would never have won a contested court claim if you'd known and come here and defended it strongly, because they are not the parking firm and are merely buying 'debts' for £1 that they have no interest in, then ripping off people who are NOT liable and ruining your credit. It's 'normal' for parking firms and MIL to use old addresses from years-old parking 'charges' to serve documents they will know are likely to never reach the person involved.

These charges would never stick in court at a hearing yet people are getting no hearing, just have their finances clamped. Even if you had gone visa the court to set this aside it would have cost £255, yet the claim they secretly filed unbeknown to you, cost them a mere £25.

HOW can that be right? How can this be allowed?

unluck1

Coupon Mad, you are correct. It's wrong in all ways and eventually it will come to a stop.

Take a look at this post that was on the Daily Mail a couple of days ago. Edit: Will not let me post links, but in google type the header and it's the official daily mail post

"How stranger's £40 parking ticket cost family their new home: Couple denied mortgage at the last minute amid rise in devastating county court judgments they and other knew NOTHING about"

It's amazing how many people are affected, the daily mail has also opened up an investigation. See the email on the page to send your stories across.

I've got all the links to the places you have sent me and I will be doing so! I'm currently in talks with my company on claiming the money back from them and they are escalating it to senior management to find out why the car park company we're not able to resolve the issue.

I also rang up the court the other day, and they have confirmed they have received the application form and it is now being decided by a judge.

Coupon-mad

Yep we have a thread on that and even more, encouraging EVERYONE to send Theresa May and Sir Oliver Heald, and your own MP, copies of the paperwork and a covering letter in your own words, pouring your heart out about the unfairness of this system , not least because MIL tricked you into paying two lots of money AND it wasn't even their debt, they are buying UNPROVEN parking 'charges' for £1 then taking people to court (intermeddling in a case where they have no interest). How can the UK court allow this pursuit of consumers which in MIL's case smacks of 'champerty' - and how can they allow this farce to result in a huge CCJ?

https://forums.moneysavingexpert.com/discussion/5524075

https://forums.moneysavingexpert.com/discussion/5524754

Do make that complaint and NOT by email, make it land with a thump on a Government adviser's desk along with all the rest...

unluck1

Got confirmation this morning that my CCJ has been SET ASIDE!

Bloody hell what a nightmare. I don't think the courts even read through it in detail as they probably receive so many. The application just had "Granted" on the order section and was done within one day the judge received it, in the same court house.

I feel passionate about this, and rest assured I will do the best I can to get this all reported.

Thanks so much for the help guys - massively appreciate it.

beamerguy

unluck1 wrote: »

Got confirmation this morning that my CCJ has been SET ASIDE!

Bloody hell what a nightmare. I don't think the courts even read through it in detail as they probably receive so many. The application just had "Granted" on the order section and was done within one day the judge received it, in the same court house.

I feel passionate about this, and rest assured I will do the best I can to get this all reported.

Thanks so much for the help guys - massively appreciate it.

That is good news, wonder if the courts are now being told

System

MIL will now try to win the rehearing so get your stuff together to defend the original claim. Have a read of HO87's posting here or Hotel Oscar's postings on Pepipoo.

As one judge said the problem with MIL is they don't produce any evidence . They will make it up though so you have to defend.

Coupon-mad

But he already paid MIL £300 then a sneaky extra £155 as well that they didn't tell him about until he'd paid them £300.

This is EXACTLY the sort of case for your MP and Mrs May and Sir Oliver Heald to hear about.

The BMPA has produced a template complaint:

https://forums.moneysavingexpert.com/discussion/5524754

But in your case, unluck1, I think you should write your own entire story out, pour your heart out and mention the extortion of having to pay £300 and not being told till after that, to pay £155 to set aside the CCJ. Make it clear that a set aside CCJ is hardly a great outcome, bearing in mind you have been - to your mind, no doubt - robbed of £455 by a firm who meddle with parking ticket cases they've just 'bought' for £1.

They had no contract with you, were not the parking firm and are trafficking in litigation. Show your MP and Mrs May and Sir Oliver Heald what has happened to you and ask if this is acceptable according to the current Government - hardly a shining example of how MCOL 'works'.