Mystery CCJ from CEL - Advice please

Saggi1975

Hello :-)

I've tried to find what I think I need to take the next step in sorting out this problem I've got with a CCJ from CEL Ltd but apologies if this sounds like a stuck record to you all. I'm upset and frustrated so probably not thinking that clearly!

My story is: - found out 2 weeks ago when checking my credit file (as was planning to get a car loan) that I have a CCJ. Credit file decimated from a sparkly 999 down to 'poor'. CCJ is from CEL (who I had to google to find out who/what they were). I've spoken to the court, and the CCJ was in Aug 2016. It was all linked to an old address I left in August 2014. Details on the court report says 15/4/15, a ref number, the debt and damages are now £356.85. That's it. I can't find any details of what the contravention is or where it took place. CEL are not an easy bunch to contact either :-(

So far I have:-
1) Emailed CEL and asked them to send me any info they hold of my personal details, under a Subject Access Disclosure request.
2) Emailed the court and asked them to hold any further action while I work out what has actually happened (next stage is a warrant but they haven't issued that yet - don't know why that it and the lady on the phone from the court didn't either)
3) Got a copy of the Set aside form that I've yet to complete
4) Found out which form I need to fill in to ask the DVLA who and when my vehicle or driver records where accessed under the DPA. - haven't sent that yet.

My first question is how do I find out what this CCJ specifically relates to?! If the court don't have details, and CEL won't give them to me, and they've never corresponded with me on this before, how do I find out what thr CCJ is actually for?!

I have thought about going to my old house to ask them if they recall getting any papers through in 2015/16...... Is this advisable so you think? By the time CEL did all this I had already moved twice from the address they were writing to, and then again in Oct 2016 (due to divorce etc).

I'm not sure whether I should just send in the set aside now stating that I didn't have any knowledge of either the claim or the proceedings and therefore the claimant hasn't followed due process and I haven't had a chance to defend myself against their claim? Is this sufficient for a set-aside or should I wait? Should I add a note saying I want the claimant to pay back the costs of the set aside too or is that cheeky?

And should I satisfy the claim (i.e. pay them) just to stop further proceedings or will the set-aside do that by default i.e. prevent a warrant being issued?

If the judgement is set aside, is there another hearing automatically (and will I need a solicitor for that?) or does this depend on if the claimant wants to pursue it again, or can the judge tell the claimant to do one, so to speak?

and will my credit file ever be repaired if I do get a set aside?

Any advice or help will be very gratefully received!

Thanks

xx

Quentin

First step is to get this set aside - that will remove the CCJ from your record completely


You then go back to square 1


The claimant can issue a new claim, and you defend it this time (if you lose, then another CCJ will be issued, though as long as you pay it in full within 30 days then your credit record won't be affected)


(The "warrant" going through sounds as though the claimant is wanting to enforce the CCJ that is in place - though cannot do so as they don't have your address)

Saggi1975

Thanks Quentin. And is the fact I didn't know about the proceedings (wrong address etc) good enough for a set aside to be granted do you think?

Quentin

You usually need to also show the judge handling the set aside that you do have a defence to the claim which should be heard

Saggi1975

Thing is it's hard to defend a claim when I can't find any details of what the CCJ is for?!

Quentin

Hopefully you will get the particulars of claim prior to the set aside hearing

pappa_golf

proof that youdid mail redirect for 6 mths (or whatever) would be looked on favorably by the judge.

under currant UK law , the parking Co can only access your data once from the DVLA ,so in the most extreme of cases that would be a max of 56 days after the incident.

the CCJ , or the fact that you recieved a default one, is down ti currant UK law

Coupon-mad

Saggi1975 wrote: »

Thing is it's hard to defend a claim when I can't find any details out of what I've actually done?!

Be careful, defend and get this set aside AS KEEPER and point out you know nothing about the alleged contravention and as CEL do not use the POFA 2012 Schedule 4 wording for 'keeper liability' they would only have a case against a proven driver - clearly you need the full details to be able to mount a defence as keeper of the car, since you can't be held liable merely because you are the keeper (not by CEL you can't).

DO NOT SAY ''I can't find any details out of what I've actually done?''

Be careful - do take a defence along as well, to the set aside hearing. Take Schedule 4 too, and Henry Greenslade's words 'Understanding Keeper Liability' from the 2015 POPLA Annual Report. Look at 9(2)f of Schedule 4 and when you finally get shown their 'Notice to Keeper (Postal PCN) you will see that CEL do not use that mandatory wording, nor do they serve it within 14 days. No possibility of 'keeper liability' for them, so DO NOT admit or suggest who might have been driving, could have been anyone able to use your car (even me!).

Show us your defence you intend to take with you, before you go to the set aside hearing - some Judges want to hear the defence in order to decide how to proceed.

Oh, just remembered, also take with you the Government press release where only the other week, the DCLG pledged to stamp out this credit-clamping practice of CCJs to old addresses and they singled out parking firms for this. The Parking Prankster blogged and showed a link to the Press release very recently, in December. You want to disabuse the Judge of any pre-held thoughts that the parking firm Claimant is the 'innocent party' in all this!

Saggi1975

Thanks Quentin and pappa golf.

I did a post re-direct for 3 months after I left in Aug 2014, and my ex-husband was there until the December when the house was sold. So that's effectively 6 months cover. But the date on the court papers is April 2015 so wouldn't have been in those 6 months. I moved into a new place in Aug 2014, and then moved again in in Feb 2015. I was on the electoral register at each property though.

Is it enough to say in the set-aside request that I want the chance to defend myself?

Or can I say the claimant hasn't followed due process if they have had no confirmation that I ever received any of the paperwork or resided at that address?

Having scoured other cases, and if this is for a parking invoice, then CEL have to prove I was the driver and the registered keeper and not just the registered keeper (as it may not have been me driving for example).

pappa_golf

the 'incident' happened in April 2015

and then moved again in in Feb 2015.



all the above is a red herring nothing to do with mail re direct

was your V5 registered to the address you moved to in feb 2015 , and consiquently got a ticket in april?

if the ticket was linked to an old address you could not have updated the DVLA

Saggi1975

Thanks Coupon-mad :-) I will post my defence here before the hearing (god sounds v scary). Can I use the 'keeper not driver' argument as my defence when I send in the docs as well as the fact I have never had a notification or correspondence from CEL about this claim? Apparently I need to do this on the form or the judge might not agree to set aside in the first place?

You've all been so helpful and patient thank you very much already!!