Excel / BW Legal - CCJ Issued: Set-Aside Fightback

Umkomaas

I've quickly scanned the thread. If I understand it correctly the CCJ is still 'open' to you to make payment against, and should payment be made (by a given date - maybe an imminent one?) then it's all done and dusted. Please confirm my understanding of your current situation.

However, if that 'payment by' date has passed and the CCJ is already marked as unsatisfied (and your credit file has already been trashed), just sending your cheque off to Excel will not change anything in regard to your credit file. In which case you will need to adopt a different tack and agree a certain process in conjunction with Excel (sorry don't have the detail on the 'hows' off pat), or you will need to consider going for the full set aside.

Please confirm which of the above is the current position.

DoaM

As I understand it, you make the set aside fee part of your costs schedule should you win the subsequent hearing.

Also, it is my understanding that a set aside makes it as if the claim had never been made, and the claimant has a defined period in which to initiate the claim again. If they do then you add the set aside fee as above; if they don't then YOU can raise a claim against THEM for the set aside fee (plus filing fee, hearing fee etc.).

waamo

Umkomaas wrote: »

I've quickly scanned the thread. If I understand it correctly the CCJ is still 'open' to you to make payment against, and should payment be made (by a given date - maybe an imminent one?) then it's all done and dusted. Please confirm my understanding of your current situation.

However, if that 'payment by' date has passed and the CCJ is already marked as unsatisfied (and your credit file has already been trashed), just sending your cheque off to Excel will not change anything in regard to your credit file. In which case you will need to adopt a different tack and agree a certain process in conjunction with Excel (sorry don't have the detail on the 'hows' off pat), or you will need to consider going for the full set aside.

Please confirm which of the above is the current position.

.

Reading the opening post again it looks like there's still a couple of days before the 28 days are up in which case paying does make it go away.

Umkomaas

waamo wrote: »

.

Reading the opening post again it looks like there's still a couple of days before the 28 days are up in which case paying does make it go away.

That is my understanding (but based on a quick scan).

iusedtoworkhere

Yes that's correct.... it's currently an 'open' CCJ as you say.

Had it have been not judged yet or past the 30day period I would definitely be fighting it.

The smart move seems to be to pay up now, it's kind of 50/50 whether I'd be better or worse off financially. And to go back to court, take a day off work etc is all time that could be spent probably having a better time. As much as I'd like to stick two fingers up to Excel and BW... it's not guaranteed I'll win.

Coupon-mad

Horrible situation. It is abhorrent and disgusting that this is allowed, that the industry is enabled to credit-clamp and that the UK's own Supreme Court inadvertently opened the floodgates for the current feeding frenzy. Anyone here on this forum or on pepipoo forum, could have told the Supreme Court that the current credit-clamping madness and robo-claim pursuit of anyone in control of a car, on any old excuse, was the OBVIOUS result of the awful 'decision' in changing the penalty law for ParkingEye. It was a national embarrassment...and more.

It is not as if it wasn't known that this is an industry driven by greed! After all, clamping was banned in 2012 to try to stop this conduct, but now credit clamping is far, far worse. And the UK's own highest courts (and the failure of the MCOL system generally) have enabled it.

I can see why you would pay to stop any CCJ.

Fight back by complaining to your MP and Sir Oliver Heald and Andrew Jones MP and Marcus Jones MP, making it clear what has happened to you and why consumers need urgent protection from these cowboys.

iusedtoworkhere

Couldn't agree more. Fortunately for me, it seems like I've caught it early enough. But for anyone past this point, or anyone not very computer literate without access to these brilliant forums, unless you've some legal knowledge you could really be in for a world of pain.

When I found out about this, it was immediately worrying and stressful not understanding the situation you've landed in. And wondering if you've just had your chance to own a modest house, or afford holidays massively changed in one fell swoop.
Cue the long-winded posts I put up for some quick guidance, as initially it seemed a little overwhelming. I'm usually pretty calm...

Now, after understanding the process and my options better, 'exercising the demons' of putting together a defense in the WS, and coming to a decision on the sanest option... I now feel much more at ease. It could have been much worse.

The only thing to do now is pay up by 1st June, making sure I get the receipt. Then send a copy to CCBC and ask for the CCJ to be removed. As long as this is guaranteed... I'll just have to take it on the chin. Or in the proverbials...

Great suggestion Coupon. It may be a wiser battle to go via the aforementioned too, it would be great to contribute towards what will hopefully soon be their demise. Just read the ParlingEye case you alluded to - shocking decision. But I guess good lawyers and judges who don't know the industry well is a bad cocktail. Still...

Thanks for the help to everyone that's contributed. I'd still be pulling my hair out without it most likely.

Will update when it's settled to hopefully confirm all went to plan.

iusedtoworkhere

All done and dusted.

I paid up before the 30 day period, chased the courts and Excel to confirm it was received and approved. And that the credit agencies had been notified.

Cue a couple of months later, my credit score has jumped back up from 'fair' to where it should be, and put me in the position to take on buying a first house without an unfair major compromise.

Looking back, although annoying knowing that they got my money undeservedly - the main feeling is relief...


I would recommend anyone in that position of within the 30 day period to settle the CCJ to consider it as an option.

However, if you want (or need) to take them on - there's some brilliant free advice on here. Just expect to do some work and you'll be good to go.:D


Cheers for all the advice :beer::T

Umkomaas

Glad it's sorted. Why not write to your MP to make them aware of the scandal?