Unexpected CCJ From Civil Enforcement LTD

KieranDouglas

Hello, im new to here so please excuse if this topic has been repeated a million times.

Im slighly confused on all this CCJ stuff against me which is a 1st for me.

I recently did a credit history check with Clear Score against myseld realising i have a unexpected CCJ affecting my records. Knowing nothing of this i digged deep to eventually find out from the County Court its been put on by Civil Enforcement LTD whom ive never heard of in my life. The courts were reluctant to give much details of the nature & reason why it was put on by them, ive found they are a parking firm agency (you guys probably already know). All i have gathered is a email from the courts stating a fine for outstanding debts & damages on 01.05.2016 for £251. To the best of my knowledge i do not owe anything or have any unpaid PCNs from last year, only 1 this year from NPM in Northampton which i ignored, however that was early months of this year not 01.05.2016. Also they have me down as my old address which i assume why i have not recieved any correspondence & completely bewildered by finding this out.

Its difficult to figure what to do as they dont say the nature of where its come from i.e. Location of fine? Also frustrating when you try to contact Civil Enforcement LTD & always goes to a automated payment line.

I assume my best bet is to set this CCJ aside? But what do i have to stand on if ive physically not revieved anything for proof of evidence? Its all word of mouth from me. Any ideas guys? Much appreciated

peter_the_piper

1st thing have you updated the records on the dvla, car and driving licence (separately) to make sure you don't have any further problems waiting to kick you when this is sorted. Others will be along to help the rest of it.

KieranDouglas

I did that 1st thing when moving new property, however that would of been June time of last year. Im in the military so technically i work & live away a lot, at the time of 01.05.2016 my previous address would of been my Fathers where its the only address i could hold onto until i moved into my own property. Confusing thing is the previous address my Father still held for tenants as he rented it out as he moved out himself & brought land to build his home on, hence why no-one has noticed any correspondence for that previous address (should there of been any sent)

Coupon-mad

You will see what to do in post #2 of the NEWBIES thread (get it SET ASIDE, which takes a bit of research as it's not definitely going to happen).

Costs you £255 but this wipes the CCJ completely if the court agrees, and they are likely to, if you do as we advise. If you panic and contact CEL to pay them, you will NOT get the CCJ wiped. Paying it and having it marked 'satisfied' still dents your credit rating for six years, so don't make that mistake.

So, read the NEWBIES Thread (not the first post, the second one of it, and the section about Set Aside). And read these threads, starting with saggi's success:

https://forums.moneysavingexpert.com/discussion/5581374

https://forums.moneysavingexpert.com/discussion/5585047

https://forums.moneysavingexpert.com/discussion/5561849

https://forums.moneysavingexpert.com/discussion/5636608

https://forums.moneysavingexpert.com/discussion/5649948

Umkomaas

More reading on set asides etc.

http://www.aboutsmallclaims.co.uk/

http://www.aboutsmallclaims.co.uk/county-court-judgement-against-you.html

http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

hoohoo

Also worth noting you may have a counterclaim against them, so as well as wiping the charge, you might end up in profit.

This guy counterclaimed and got £900 (£500 counterclaim, £400 costs for their unreasonableness)

http://parking-prankster.blogspot.co.uk/2017/05/motorist-awarded-900-for-data.html

KieranDouglas

Coupon-mad wrote: »

Costs you £255 but this wipes the CCJ completely if the court agrees, and they are likely to, if you do as we advise. If you panic and contact CEL to pay them, you will NOT get the CCJ wiped. Paying it and having it marked 'satisfied' still dents your credit rating for six years, so don't make that mistake.

Cheers guys, ill follow them up & read.

If i pay the £255, ive heard its possible to get it refunded back? Also, to get this straight if i win the case will it automatically clear from my credit history no longer effecting it? & if i loose for whatever reason, what happens from there? I have to pay the outstanding debt & still remain on my records for 6 years?

Half_way

The golden rule is once you pay up, its pretty much game over.

Coupon-mad

If i pay the £255, ive heard its possible to get it refunded back?

Yes, you will have seen that from the first link I gave you, saggi's case.

to get this straight if i win the case will it automatically clear from my credit history no longer effecting it?

It's not about 'winning' at this stage. A set aside hearing is just that, to set aside the CCJ (wipe it off your credit history completely), not to hear the entire case and decide who wins/loses. Because you can show that you did NOT get the court papers, and that as soon as you learned of the CCJ you acted immediately (now) to set it aside AND you have prospects of defending this case in court (hence why you need to know what your defence points will be) you shouldn't fail at the set aside hearing, IMHO.

& if i loose for whatever reason, what happens from there? I have to pay the outstanding debt & still remain on my records for 6 years?

I've only heard of one ill-prepared person on pepipoo forum not getting a CCJ set aside and he would have done, had he been more familiar with what his defence would be ('no keeper liability' springs to mind, with CEL). NEVER with CEL, these are super easy to defend so I have every confidence that you WILL get the CCJ set aside and might even get the Judge to award your costs immediately, like saggi (if not then, afterwards at a hearing).

You may have to counter-claim (or claim) to force this to a hearing after the set aside hearing.

KieranDouglas

Many thanks, sorry for the delay.

I have been researching from your posts (i.e. saggis case) & looks promising however at this stage it is all very much going over my head. Am i correct in saying that section 10 of the n244 form is where i place my 1st intial statement? If so, do you suggest i use saggis statement as a draft template or is there 1 that exists? This is all new to me so i generally dont know where to even begin creating a correct & convincing statement from scratch

Coupon-mad

Use that one as a template statement and show us first.