Ccj

Strawberry46

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

Last edited by Strawberry46; Today at 2:43 PM.

pappa_golf

being discussed to death on the motoring/parket ticket forum , made the daily mail as well!


roumour has it that terasa may is getting involved


read the motoring forum thread


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


WRITE a letter to her!


you need to apply for a "set aside" however the fack that you did not update your details with the DVLA might go bad with a judge.


the annoying thing is , some of the cases are almost 6 yrs old , people HAVE updated their details , mail forwarding is 2 yrs max (I think) , but the law as it stands states that parking Cos can inly apply for your details once (once only within 14 days if by camera)




PS , stay away from solisitors , he will charge upto 2k , to get it marked as satisfied , which will not help you

pappa_golf

the situation is being called "clamping credit" , in this case the parking Co clearly knew you had moved to a new address (new owner told them) , BUT they went ahead and applied for a CCJ by default knowing that you would not defend yourself.


the average person would now have to bow down to them , pay there extortionate fees and a large sum to have it marked as satisfied , in order to get credit.


this is what the prime minister is looking into "clamping credit" , read the above link and WRITE a letter explaining how they knew they would get a default on you

Thrugelmir

Strawberry46 wrote: »

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.

The offence was "committed" on the 7th April 2015. When did you update your address?

pappa_golf

there are two points here


!: the parking co were told that the OP did not live there , but proceeded


incident date: 7th April 2015
CC date : 14th April 2016
house move date: September 2014


the court case was concluded 8 mths after the house move


2: updating details with the DVLA would not have stopped this , as the law stands at the moment , the parking Co can only apply for details ONCE




the laws regarding those parking invoices and CCJs in the UK is a farce , unlike normal credit no details of addresses are kept (*but are available) or supplied to PPCs


parking rye (owned by capita) use there in house trace company (expedia?) to chase people after a CCJ , but do not use them to check if they have the correct info , before the case.


civil enforcement were told by the new owner that the OP had moved , but blatently went for a default


that explains what a scam or "credit clamping" this industry is, since POFa 2012






just to add:


failing to update your details to the DVLA , can result in bailiffs or even a licence suspension , plus a fine of upto £1000


maybe a ccj for £247 is letting the OP off lightly




to others not on the parking forum , its the V% address that they go for , and too many people just update their driving licence , forgetting the v%

National_Debtline

Hi Strawberry46,


When you apply to set aside a CCJ it is done on an N244 form and will cost £255 to submit. The court will generally assess, why you didn't reply to the original claim forms (bearing in mind the creditor is only required to send them to the last known UK address and if the DVLA information was out of date they may be able to argue they satisfied this requirement), did you apply in a timely manner to have it set aside and do you have a real prospect of a defence.

The last point may cause you an issue because if you don't know what the original ticket was for, you may struggle to challenge it. If you apply for a set aside and are unsuccessful the balance can increase through the legal costs of the other side and we would suggest getting some legal advice before you make this application (which may also cost money).


If you successfully set aside the CCJ the judgement will be removed. If you pay it in full it will remain on your file for 6 years from the date of judgement. Considering the fact that the original judgement is £247 you need to think this through carefully. Good luck,


Laura
@natdebtline

pappa_golf

National Debtline


I hope you have read my comments above , regarding credit clamping , and your department will assist the government , should Teresa May decide its time to stop those parking companies from doing this?

Arleen

pappa_golf wrote: »

the situation is being called "clamping credit" , in this case the parking Co clearly knew you had moved to a new address (new owner told them) , BUT they went ahead and applied for a CCJ by default knowing that you would not defend yourself.

So instead of following the last provided address by the person owing money they should´ve sent mail to address given by random person without any verification? I am sorry, but it's not their fault that they don't chase down rabbit holes to track someone's new address, especially when for 60 quid/year you can set mail redirection that will prevent this from happening.

As for OP, not knowing about a lawsuit is not a defence as long as they have provided the court with correct address (which they did, as that was the last one you've left with them) so you would need something more. From your post, and please correct me if I am wrong, it doesn't seem like you are disputing the ticket itself, just that you don't want the CCJ on your file. And in this case, the pragmatic solution is just to pay it off and make sure this never happens again, as an application for set aside is unlikely to be successful but will cost you time and money.

pappa_golf

can I just say one word , that should be used in cases often upto 6 yrs old and unregulated ?


TRACE!


yes , that is what a lot of the parking companies do AFTER they have got a default CCJ




as stated above some of the parking cases are now coming upto 6 yrs old (sold of to the likes of MIL)
the DVLA can only supply data at the time of the incident , once only , not again in 6 yrs
and according to royal mail
http://www.royalmail.com/start-your-redirection?PSID=Google_PPC&cid=RD0716_GAR_SM_361
Redirection forwards all the mail sent to your old place to your new home
It can cost as little as 16p* a day to redirect your mail
You can redirect your mail for 3, 6 or 12 months
Already moved? No problem. Tell us now to make sure your mail follows you to your new address




so how does that help hundreds of people who are getting default CCJs every week ?


an average day in the CC (car parking) http://www.bmpa.eu/court.html


2 x parking eye and 1 x race recovery setasides