BW Legal & Excel utter farce!

pappa_golf

you need to apply for a set aside , this will cost you £255 , which you may get back , this will not kill the case , excell may represent it , but you fight it and win , then get a £255 refund

contact northhampton ??? court ASAP

you have been "credit clamped"

was the origional ticket in aug 15?

TeamH

Oh my goodness, it gets worse! Such a lot to take in

Yes the original PCN was August 2015.

yotmon

Isn't it weird how they continue to bombard old addresses with correspondence right up to and including the issue of a CCJ. Then miraculously, are able to trace your whereabouts to inform you of the good news !

pappa_golf

when you asre taken to court and are found agaist , you have 28 days to pay , after 28 days it is entered as a ccj , if you pay it off after 28 days it will not disapear , it will show as satisfied , better but will still cause you credit problems

you need to apply for a set aside , which will remove the ccj , and set it back to just before court action , you then fight them!

they have sent court papers to your old address , and laughed as you did not reply , racked up costs and are now trying to hold you at ransom

pappa_golf

yotmon wrote: »

Isn't it weird how they continue to bombard old addresses with correspondence right up to and including the issue of a CCJ. Then miraculously, are able to trace your whereabouts to inform you of the good news !

this is what the article in the daily mail and on here was about , as the law stands they can only ask the DVLA ONCE for info , azt a later date they can use a tracing agency to gert you , but its not a requirment before CCJ

TeamH

So, in utter desperation I'm considering paying the £258.20 tomorrow (final 14th day) as stated in the last letter from Bw legal that after that they will enforce the ccj against me.

Now considering that I've just discovered the ccj is already on my credit file from September, am i being a mug in thinking i can just pay it off now rather than pay similar amount for a set aside and have all the court processes to go through?

Advice please, help me!

pappa_golf

umm , that letter is tosh you ALREADY have a CCJ , and its NOT 14 days to pay before the CCJ its 28 by the court

why pay them £258 , and the court marks it as satisfied , when for £225 (refundable) you can get a set aside ,if they know you will win they back down or if B+W want a fight you give emm a fight!!


you have already GOT a ccj ,paying them will not help you!!!!

TeamH

Utter farce isn't it......but thanks to Pappa Golf for suggesting I check my credit file and finding the ccj otherwise I'd be none the wiser.

So, I will call Northampton courts in the morning and proceed with set aside process. Anyone know of any online versions of N244? No printer at home!

pappa_golf

may be wise to check the company and the date of the ccj , and that its them , ask for copies of court papers and the address they used

Coupon-mad

TeamH wrote: »

Utter farce isn't it......but thanks to Pappa Golf for suggesting I check my credit file and finding the ccj otherwise I'd be none the wiser.

So, I will call Northampton courts in the morning and proceed with set aside process. Anyone know of any online versions of N244? No printer at home!

Googled 'N244 form courts' and found this in about ten seconds:

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484

Read this thread, this is how to do a set aside and this poster even got the Judge to make Excel refund his £255:

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

No need to Google frantically any more. All you need is already here.

Do not just pay the money to 'clear it' because that leaves you with a CCJ marked 'satisfied' on your record. You want it wiped completely and then need to defend it, like that poster. Read it carefully and maybe send him a private message for advice.

What has happened to you is exactly the sort of practice that the Government has pledged to end, so include this Press Release in your evidence at the set aside hearing:

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

explained further here:

http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

...and take a well-argued defence argument with you too, as the Judge might want to hear why you are not liable/the fact the claimant has shown no evidence of any contravention nor keeper liability.