Ccj

Strawberry46
Strawberry46 Posts: 7 Forumite
Hi my lovely people,pls I need your honest opinion on this.
I susbscribed on the 21st Aug 2016 to have my credit score checked only to be hit by a surprise of a CCJ which was issued against my name on the 14th April 2016 for debt and damage of £247.Since then I have been trying to get this resolved.I've called the court where it was issued to find out more as I don't know what it is about.
Basically it was issued to my previous address.The court has given the number of the claimant which is cevil enforcement ltd. I've called the 087 number severally but cant get to speak to anyone as it goes into voice record automatically and I've left voice messages asking them to get back to me but uptil now no response.
I've googled them and have found they deal with parking charge. I 've also written to them on the 26th of last month still no response.The advisor at the court helpdesk I spoke to said the claimant didn't give enough detail on the statement.On the statement, all they have is the incidence date which was on the 7th April 2015 with the reference number and the mobile number to contact them.
I moved house in September 2014 but forgot to change the address on my V5 on time.so they may have sent letters to my previous address.I've also gone to my previous address to see if the current tenant have any letters but she said she had returned back all letters bearing my name. I've called the court today to inform them of my situation as I cant get hold of the claimant.The lady I spoke to have told me to see if I can use a solicitor as that's the only way to get them to respond.I am thinking of applying to have it set aside as I didn't get to see the papers and reply as it was sent to my previous address plus I've been trying to get hold the claimant since 4weeks now without any success.
A solicitor i found online is giving me a quote of between £800 to £2000 plus VAT depending on whether the claimant accept to setting it aside or not. Now, my question is do I have a good chance of having this set aside?should I pay this amount of money to set it aside ?pls I need your opinions pls i'm really broken into pieces now and don't know what to do. I had a nice credit score that I've been pampering so I can get my mortgage in few years time.
Thanks everyone in advance

Comments

  • Could you break your post into paragraphs? It will make it easier to understand and for people to give advice.
  • Thanks for letting me know.
  • National_Debtline
    National_Debtline Posts: 7,998
    First Post First Anniversary Combo Breaker
    Organisation Representative
    Hi Strawberry46


    In order to remove or at least reduce the effect this is having on your creditworthiness, there are really only two options:


    1 - pay up in full. This will result in the CCJ being updated to show it is "satisfied", but it will remain visible on your credit file until April 2022, six years after it was originally entered.


    2 - apply to have the judgment set aside. You do not necessarily need a solicitor's involvement at this stage of the process, and can apply yourself for a fee of £255. You are likely to be relying on "discretionary grounds" in your application, unless you can show that the claimant was somehow at fault in issuing papers at the wrong address - for example, if you did in fact update the V5C prior to the issue of the court claim but the claimant sent papers to the old address regardless.


    The court will also usually take into account whether you have a reasonable prospect of disputing the claim, and whether you have acted promptly in applying to set it aside.


    If the judgment is set aside, the claim can be re-issued by Civil Enforcement, and at that point you would indeed benefit from taking legal advice on disputing the claim. More information:


    https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx#


    Ultimately it is up to you whether you employ the solicitor at this stage to handle the set aside application, or attempt to handle that first stage yourself at potentially lower cost.


    On a separate note, you are likely to get more responses to your query by posting it in a more relevant sub-forum, such as Debt-Free Wannabe or Credit Files & Ratings.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • National_Debtline
    National_Debtline Posts: 7,998
    First Post First Anniversary Combo Breaker
    Organisation Representative
    A further point:


    At this stage, it is worth writing to Civil Enforcement directly to request full disclosure of any information they hold relating to you. This could help you pinpoint the details of the alleged parking "offence" and thus help you to establish whether you have a case to argue. This letter template may help you:


    https://www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-%28sole-name%29.aspx


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Thanks for your response
  • pogofish
    pogofish Posts: 10,852
    Name Dropper First Post First Anniversary
    Forumite
    I'm puzzled at the Stoozing aspect to this - I take it you are aware that CCJs do not pay you any money.

    It also concerns me that the OP has posted the same thing in two slightly more relevant forums.
  • Save a Rachael

    buy a share in crapita
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