CCJ under incorrect name

timpaulofdoom

Hi,

I received an email today from Experian regarding a CCJ against my name.
I immediately rang the county court with the reference on the CCJ and was given the name for Gladstone solicitors.

I rang them and informed them I had not received any letters from them. They informed me to call back the county court. When called back it was only then I was informed of the spelling error.

I was sent letters that I assumed was junk due to spelling on the name not matching my own.

I then rang the solicitors and informed them that there has been a mistake but they informed me they will not be resetting or removing the ticket as it still stands. Has anyone got any advice as now I have until the 8th March to Pay a ticket I cant dispute?

Thank you

Johno100

timpaulofdoom wrote: »

I was sent letters that I assumed was junk due to spelling on the name not matching my own.

How different was the spelling, I assume it can't be that different otherwise Experian wouldn't have been able to tie it to you and send you notification.

How is your name spelt on the V5c (AKA the log book) for the vehicle, the correct or incorrect way?

timpaulofdoom

My name is spelt correct on my logbook. It was only a letter off but if I assumed it was either spam or May have been for my dad who lives with me and has the same first and last name. Is there anyway to contest this?

twhitehousescat

if you have recieved a ccj , it is to late to pay , paying anything to gladstones would just leave you with a "satisfied" on your credit report .

the ticket and paying it are long gone , gladstones will happyly say you can pay it , but in reality its to late.

the way passed this is a "setaside" , and a visit to court , this will initially cost you £255 , and if you can prove why you should not have been given a CCJ , will be set back to a point before it , the parking co may then re press in court.


did you not get full court papers delivered , and a letter from court saying you "were a naughty boy"

timpaulofdoom

The letter was the first letter of my last name. So imagine Williams becomes Billiams.

timpaulofdoom

I just received them today via email from the court at my request. So does this mean that even if I pay the £255 it will still affect my credit score?

I would've contested it really had I known.

twhitehousescat

a fool ignores a typo

a bigger fool ignores multiple typos , often coming from goverment departments (courts)

judges do not like fools

Johno100

twhitehousescat wrote: »

judges do not like fools

Nor those who think they are clever clogs.

Coupon-mad

timpaulofdoom wrote: »

I just received them today via email from the court at my request. So does this mean that even if I pay the £255 it will still affect my credit score?

I would've contested it really had I known.

No, not if you get it set aside, then you can include the £255 fee in your costs to claim back from the parking company when you defend the actual claim (CCJ remains WIPED though and even if you lose the defended case the CCJ remains gone, as long as you then paid if the Judge found against you). However, Gladstones cases are very defendable, they muck up sooo many!

Paying £255 to the court (a certain process) to get it set aside, WIPES the CCJ from your record, but in fact (hat tip to IamEmanresu for this summary) there are two options at this stage:

Either:

Apply for a set aside "without consent" -0 this is the recommended choice:

1. Apply using the N244 form for a set aside hearing. This costs £255 but is repayable from the Claimant if you win at the re-hearing (not the set-aside hearing if one is needed, not always the case if you file a strong argument with the N244).

2. At the set-aside hearing you have to convince the judge of two issues:
(a) The first is that you did not receive the paperwork.
(b) The second is that on the balance of probabilities you have the potential to win your case. If convinced, he/she orders a re-hearing of the case and a date will be set 14 days or so later for a defence to be filed.

3. For the set-aside hearing, the parking company is likely to put in a letter outlining why you can't win and if they are persuasive, you'll be £255 down and no further forward. Many set-asides are successful though, and there's no reason why you can't attach your own persuasive Witness Statement to the N244 to try to get it set aside quickly. And Gladstones have been shown to be useless!


OR

Apply for a set aside "with consent"

1. If you approach the parking company and tell them you'd like your CCJ set aside "with consent" they usually agree subject to certain conditions. These are usually that:
a) you pay their judgement and
b) you pay their costs. Ouch. Why pay them?!

2. You again use the N244 form but this time you pay £100 for a "with consent" application.

3. At the set-aside hearing, the judge should nod the case through to a re-hearing but the re-hearing doesn't happen in practice, so the CCJ is removed from your credit record. But with this one, you won't get your chance to fight.