Set Aside CCJ - Advice on Defence Statement please

DrAT_2

Thanks very much! Very useful

Loadsofchildren123

Well done! You may well find they won't bother to amend their particulars at all and the claim will die - or have they?

I know you said what order had been made, but you were a bit confused by it, and it's really the order that people need (not just an account of it) to produce to judges to show what other judges have done. Would you be able to do a scan or a photo of your order and put it on something like Dropbox then post a link here (blank out your name if you want) - a copy of the Claim Form showing the defective Particulars would be good too. If you can't post you do a "broken" link (eg replace http with hxxp) and a regular will post it for you.

confused_and_stressed

Hi all,

I am in a very similar position to Saggi1975 and have absolutely no idea on where to start. I really would appreciate any advice as my name suggests - very stressed and confused.

I was issued a ccj against me at an old address in Sept 2016 for a parking fine issued in Feb 2016 that I had no idea about. I had moved to my new address in Sept 2015. I only found out about this when advised by my mortgage broker to go on to experian for completeness sake.

I work for the NHS and have to date a good credit history so I'm absolutely devastated by this particularly now having been turned down for a remortgage because of this.

When I moved I updated everyone I could think of including DVLA. There's no way on earth I wouldn't have paid the fine let alone let it get to this point when it has such a massive impact on my credit file. I don't think I was ever given a fair opportunity to do so.

I have contacted citizens advice, national debt line and I have 3 choices

1) Pay the fine so it appears as satisfied on my record but add in an explanatory note in the hopes that some creditors will take the circumstances into account

2) Obtain legal advice formally and have it challenged and the ccj to be set aside

3) Contact BW legal directly pay the fine and see if an agreement can be negotiated whereby they will consent to set aside the ccj

What do people think? Should I challenge the fine at all or should i just take the hit and do whatever I can to get the ccj set aside? Do people think I have a good case for it to be set aside?? I'm not the sort of person that would knowingly park against the rules or not get a ticket to cover my parking (that makes me sound like such a goody two shoes!!) but I'm too stressed to even consider challenging the fine - I just need to somehow get this ccj taken off my record.

I would very much appreciate any advice anyone can give me

The_Deep

I think that it is neither fair not just. The PPC should be made to pay dearly for their hubris.

Bubblegal

Congrats, I am pleased to hear you got this set aside and a result of CEL paying the court fee.I was in the exact same situation as yourself, I have applied to set aside, how long did it take for the court to respond? How what time frame for the hearing? It has caused so much stress I am hoping it'll be a quick process.

catfunt

confused_and_stressed wrote: »

Hi all,

I am in a very similar position to Saggi1975 and have absolutely no idea on where to start. I really would appreciate any advice as my name suggests - very stressed and confused.

I was issued a ccj against me at an old address in Sept 2016 for a parking fine issued in Feb 2016 that I had no idea about. I had moved to my new address in Sept 2015. I only found out about this when advised by my mortgage broker to go on to experian for completeness sake.

I work for the NHS and have to date a good credit history so I'm absolutely devastated by this particularly now having been turned down for a remortgage because of this.

When I moved I updated everyone I could think of including DVLA. There's no way on earth I wouldn't have paid the fine let alone let it get to this point when it has such a massive impact on my credit file. I don't think I was ever given a fair opportunity to do so.

I have contacted citizens advice, national debt line and I have 3 choices

1) Pay the fine so it appears as satisfied on my record but add in an explanatory note in the hopes that some creditors will take the circumstances into account

2) Obtain legal advice formally and have it challenged and the ccj to be set aside

3) Contact BW legal directly pay the fine and see if an agreement can be negotiated whereby they will consent to set aside the ccj

What do people think? Should I challenge the fine at all or should i just take the hit and do whatever I can to get the ccj set aside? Do people think I have a good case for it to be set aside?? I'm not the sort of person that would knowingly park against the rules or not get a ticket to cover my parking (that makes me sound like such a goody two shoes!!) but I'm too stressed to even consider challenging the fine - I just need to somehow get this ccj taken off my record.

I would very much appreciate any advice anyone can give me

Hello,

First of all, you need to start a thread of your own. Copy and paste your post above into a new thread. There are very good reasons why that rule exists on here. Then, you will get help without it being confused with the OP's case.

Second, do a search in this forum for "set aside BW Legal" to look for threads on that subject.
Also read the Newbies thread and digest the contents to get a good handle on what goes on with private parking tickets. You will need to know.

Best of luck.

Sandy11

Hi
I am looking for information regarding correspondence with Civil Enforcement Ltd and this thread is very similar to my experience. I see that you asked the defendant to put a copy of the order on the thread for others to see. I'm new to this and can't find the copy, is it on the thread, how do i find it?
Thanks

Coupon-mad

Sandy11 wrote: »

Hi
I am looking for information regarding correspondence with Civil Enforcement Ltd and this thread is very similar to my experience. I see that you asked the defendant to put a copy of the order on the thread for others to see. I'm new to this and can't find the copy, is it on the thread, how do i find it?
Thanks

You need to read today's posts and the sticky advice thread at the top of the forum. My signature tells you where to click.

JBex

After recently discovering (like many people) that I have a CCJ registered against an old address, courtesy of CEL , I submitted an application to have the judgement set aside. The grounds for this being that the paperwork was issued to a previous address that I left 9 months prior to the judgement and that CEO had not issued me with any notification of the alleged offence for two months and had failed to provide the evidence i requested.
Yesterday I had my hearing at which the judge agreed to set aside the judgement subject to me submitting a defence within 14 days. A victory of sorts.
My understanding was that if the judgement is set aside then it is up to the claimant to resubmit paperwork should they wish to pursue the matter through the courts. So the judge placing a condition for me to submit a defence has left me confused. Any advice would be very welcome

Quentin

If you need advice then you must start your own thread and not hijack someone else's like this

Please delete your post above.