CCJ from Civil Enforcement Limited

bowcreek

Hello everyone- Last night looking at my credit report I found that a CCJ has been issued against me November 2016 from Northampton county court (Information Source - Registry Trust Ltd) to pay approx. £300. This is issued to the address I lived between Aug 2014 and October 2015 as a lodger.


I called up the county court and they didn't give information of claimant due to identity protection reasons on phone. What they have now given is

Solicitor who acted on Claimant's behalf - Civil enforcement limited
Their contact number - 0870 919 5577
and their case reference number.


It seems this company deals with parking fines etc. which could well be the case as to my stupidity my car is still registered at that address (utterly stupid I agree). So, I guess for that reason all previous letters/correspondance from CEL would have gone to the old address.


1. So would you say the first step would be to request address change via DVLA?
2. How do I find the details of claim by CEL? They only seem to have automated payment system and nobody to talk to. Should I try to seek more info on when and why this was issued before simply agreeing to pay off?
3. As a top priority - I'd really want to get this off the judgement register and also from my credit file. Is that at all possible at this stage? https://www.gov.uk/county-court-judg...-credit-rating says it can be possible if paid within a month?
4. County court helpdesk said there is a fee of £250 to set-aside a judgement. Worth going that route if I failed to change the address for a year !?


Your help will be really appreciated.
Thanks.

Quentin

If you want it removed permanently from your record you have 2 options:


1) Pay in full now (if you pay in full within 30 days of the date of the judgement it won't go on the register


2) Get the judgement set aside and win any subsequent court case the claimant brings against you as a new claim (or if you lose in a subsequent claim then pay that one off within 30 days of the hearing)

bowcreek

Quentin wrote: »

If you want it removed permanently from your record you have 2 options:


1) Pay in full now (if you pay in full within 30 days of the date of the judgement it won't go on the register

2) Get the judgement set aside and win any subsequent court case the claimant brings against you as a new claim (or if you lose in a subsequent claim then pay that one off within 30 days of the hearing)

Thanks
1. - As this appears on my credit file and the information source in there is mentioned as Registry Trust limited (trustonline.org.uk), does it not mean it exists on the register of judgement already?
2. - Do I stand a good chance having failed to change the address on V5C for more than a year?

Redx

in theory you can be "fined" up to £1000 by the DVLA for not changing the vehicle owners address so I suspect a judge may decide it is your own fault and not agree to the set aside

a set aside costs £255 if the judge allows it (possibly the same charge even if the judge does not allow it)

a judgement is on record usually after 28 days so it may well be that it is too late to discharge it and paying it can only show as "satisfied" , but remains for several years on the record

in other words the 16th november may well be 28 or 20 days AFTER the court case and judgment , so it may have been decided in october and the CCJ issued in November, a month later

Quentin

1) You say the CCJ is dated 16/11/16, so it may be on the register, but will be removed completely if you pay in full within the 30 days


2) You have a good chance of winning a set aside because you were unaware of the court proceedings irrespective of your failure to notify DVLA your address change


If you do go for the set aside, then the DVLA notification won't be involved in any subsequent hearing over the parking charge

bowcreek

Redx wrote: »

in theory you can be "fined" up to £1000 by the DVLA for not changing the vehicle owners address so I suspect a judge may decide it is your own fault and not agree to the set aside

a set aside costs £255 if the judge allows it (possibly the same charge even if the judge does not allow it)

a judgement is on record usually after 28 days so it may well be that it is too late to discharge it and paying it can only show as "satisfied" , but remains for several years on the record

in other words the 16th november may well be 28 or 20 days AFTER the court case and judgment , so it may have been decided in october and the CCJ issued in November, a month later

The date of judgement on Experian report shows 16th Nov 2016. So did the county court helpdesk staff said. I take that in simple words mean the judgement was given on that date? Should I pay and check the trustonline website and extract a report to check if its the same date there too? I was hoping to have a chance to pay off before 16th Dec but your post is questioning that.

bowcreek

Quentin wrote: »

1) You say the CCJ is dated 16/11/16, so it may be on the register, but will be removed completely if you pay in full within the 30 days


2) You have a good chance of winning a set aside because you were unaware of the court proceedings irrespective of your failure to notify DVLA your address change


If you do go for the set aside, then the DVLA notification won't be involved in any subsequent hearing over the parking charge

1. Automatically after paying? Or would I have to chase someone in CEL / court to do so? Read in other posts and there doesn't seem to be any way to speak to someone in CEL. All they have is an IVR sort of facility to pay off. Not even sure if I'd get an acknowledgement after payment to prove !
2. What would be the benefit of set-aside? Would CEL pay off the set-aside and any other fee if I win? Money wise I don't see much difference in fee and actual debt taking into account the hassle of dealing with this for months. I've got British Citizenship application to make within next couple months and would like to ideally have this off my records for clean case. How long could it take to get this settled via this route? I'd think atleast 6 months or longer?

Quentin

1 Get the court to send you a copy of the judgement to check its date.

If you are correct about the date and that the ccj is on the register then you will need to get a confirmation of when you paid it and get the entry removed. The court will help with the process
2 To kill this via a set aside will take longer than 6 months.

But read up on set aside by consent which is another option. Whereby you pay them off and they agree to the set aside

Coupon-mad

Here's a set aside thread by someone about to beat another parking firm in court:

https://forums.moneysavingexpert.com/discussion/5544358

What would be the benefit of set-aside?

This is a case you can win as registered keeper because CEL can't hold keepers liable, it's all a scam but because you didn't defend, they won by default. You can unpick that and win and you have no obligation to remember who might have been driving. However a set aside is a hearing and then defending the claim is another hearing unless CEL give up when they realise they didn't catch you napping after all.

This may also help as I think it will take a lot less than 6 months:

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

Bear in mind yours is not 'a debt' - a private parking scam PCN is not a fine or debt!

And complain to your MP and Mrs May when this is all over:

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

HTH

bowcreek

Coupon-mad wrote: »

Here's a set aside thread by someone about to beat another parking firm in court:

https://forums.moneysavingexpert.com/discussion/5544358



This is a case you can win as registered keeper because CEL can't hold keepers liable, it's all a scam but because you didn't defend, they won by default. You can unpick that and win and you have no obligation to remember who might have been driving. However a set aside is a hearing and then defending the claim is another hearing unless CEL give up when they realise they didn't catch you napping after all.

This may also help as I think it will take a lot less than 6 months:

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

Bear in mind yours is not 'a debt' - a private parking scam PCN is not a fine or debt!

And complain to your MP and Mrs May when this is all over:

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

HTH

By reading many other threads I know people have had success in getting these scam PCNs off their heads with your help and your insight and knowledge around the whole thing is really good.


I'd personally liked to go set-aside route but my apprehension is failing to change address on V5C could become a problem if it gets highlighted during hearings etc. - chances could be slim as others said but its failure on my part I take it.


I need to apply for British citizenship soon and also security clearance vetting via my employer - and I am getting increasingly worried that even if set-aside takes less than 6 months, I'd have to delay both of these things. On top, if its happen to stay on my record, I don't know if we'd be able to re-mortgage our home at a good interest rate after 2 years from now !


So my priority is to get this cleared if I can rather than fight if it gives me more mental peace - given I'd be losing some money both ways as well.


In either case -


1. I take that I'd need to know the details of the claim? Would that need to be sent by the court or CEL?
2. If the judgement date was 16th Nov - does it not mean I get 1 calendar month to pay off and this will be off my credit and judgement register?
3. Do I get the address on V5C changed asap now or wait to get this settled first (might be stupid to wait) please?

Quentin

Not notifying DVLA is irrelevant to your civil case (what if you had disposed of the car?).


Get it sorted at DVLA asap


As previously posted, you have 30 days from the date of judgement to pay up before the CCJ is permanently on the register for next 6 years


You would get a set aside completed well within 6 months. But the issue won't be killed should you win your set aside application.


That is because the creditor can then reinstate the claim (ie start a new claim against you)


It is unlikely both cases would be completed within 6 months.