How long to set aside a CCJ

cardiff69

2years ago I receive a parking fine from parking management ,my car is registered disabled although the badge had blown down due to horrendous weather conditions which I had not noticed due to my child running from the car. I appealed the fine and never got a response, now I have a CCJ and a debt company hounding me for money I was not informed of any court proceedings or any outcome until this letter arrived. I do not know what court issued the CCJ and no one will tell me. what can I do please help im grieving the loss of my father plus severe ill health mentally and physically.


thank you.

waamo

You really need to start your own thread. Giving advice to multiple people in one thread creates confusion and you need clarity.

CCJissue

Hi everyone,

I've read so many different posts and can't work out what I've done wrong or differently.

I set aside the ccj etc and went to court like everyone else. I won the initial hearing, and was told assuming there no appeal, I'd be refunded the monies. CEL were set a date to respond by, and didn't respond at all (nor did they turn up initially). Today after chasing it up, I've been told the matters closed, ccj removed but no refund. If I'm not happy with this they want me to raise another n244 form and another 255 to complain... What can I do as that's bonkers!

Thanks in advanced

Coupon-mad

I won the initial hearing, and was told assuming there no appeal, I'd be refunded the monies.

Were you told that in open court by the set aside Judge? He/she didn't mean the court would refund it, in case you misunderstood. The court undertook and completed the service paid for and the court are not going to refund the fee (unless you are eligible to apply for help with fees on income grounds but that's a separate issue).

If it was said in court that the £255 would be refunded, he/she meant he was holding that the claimant would be liable for your costs.

Was that reflected in the Court Order Directions confirm that the CCJ be set aside (e.g. and 'unless the Claimant serves a copy of the claim to the D within x time, the claim shall be struck out and the Claimant must pay the D's court fee of £255...').

Or not?

CCJissue

It was not... So because she said it but didn't write it down I might be screwed
?

Umkomaas

Why has this drifted across to this thread when there is already one on the first page and having inputs?

CCJissue - please keep this on your own thread to avoid confusion and duplication.

Coupon-mad

CCJissue wrote: »

It was not... So because she said it but didn't write it down I might be screwed
?

Not necessarily.

Where did I say that you were screwed, in my very simple advice about how to word your letter? I didn't, and I said what to say to remind her...

Anagy31482

What are the chances of getting a ccj set aside that I believe was stature barred when they got the got the judgement from the courts

Coupon-mad

Was the claim not filed within 6 years then?

I would think the chances are very high but what's your reason for not defending? If it's because the scammers used an old address, then we see these set aside all the time, week in week out, without a squeak from Judges.

Anagy31482

No the claim was filed recently at my address in my partners name. We split up a while back and she was staying with her parents. I had a stack of letters in her name that she never received.

The debt is from 13 years ago and she has never made a payment or acknowledged the debt in the last 10 years ago

Kind regards Adam