Unexpected CCJ From Civil Enforcement LTD

Quentin

If/when there is another hearing that you win then you can ask for your set aside fee to be paid by the claimant (Or if the claimant drops the case)


How long extra did the Court grant to get your defence into them and the Claimant? Don't miss the deadline!

nosferatu1001

Well that order isn’t exactly unclear!

The JUDGEMENT is set aside

You are ordered to send your defence by the deadline. I hope you did this?

peter_the_piper

""the judge set the CCJ aside but was not so keen to go ahead with the reimbursment court fee i paid as he believed it wouldnt be fair on Civil Enforcement LTD as they didnt show up""

Tough! They are quick enough to pass a default had the victim not turned up.

nosferatu1001

Not turning up seems to mean the ppc still gets a chance, which I understand but don’t like

However the order must still be complied with. I hope it was. It wasn’t exactly ambiguous.

peter_the_piper

I don't, if the victim did not turn up its judgement against them. Normal CEL practice.

nosferatu1001

No they still do look set papers on both sides. I’ve seen it happen.

KieranDouglas

Right, basically im no specialist in this buisness, nor should you expect me to be, hence why im here asking for advice

My deadline was in November, which ive already stated missing due to being in HM Forces which i had been deployed away, i have explained this to the courts but its a tough bargain with them. More to the point, if i walk away at this stage can i clarify that my CCJ is off my records & i can rub my hands clean & its done & all dusted? (Minus the court fee) or does it HAVE to be closed off officially?

The way i see it, should i open another case to get my reimbursement i incur another fee? Surely its not worth the hassle of paying again, the main purpose was to clear my credit record & move on & for the sake of the court fee id be happy to leave it there

Also, i really cant figure out what more i could put across for a defence anyway, i physically had paperwork after paperwork against them & a long statement explaining their wrong doings ready for the hearing, theres not much more i can put across than i already have done

nosferatu1001

No one said you had to be an expert. But similarly “send an amended defence by...” isn’t legal jargon!
Yes, the judgment is set aside. That’s literally what the order says. It no longer exists. Check your credit file if unsure.
Presuming cel have not taken your breach of the court order and used it somehow against you, my guess is they just dumped your file in the “don’t bother with” pile. THEY are the ones who gave to apply for a hearing, you cannot, and IF they applied for a hearing my guess is that you’d win and get your set aside fee back. With this position as it stands, they don’t risk that.

You haven’t told us what was said precisely in the hearing about costs, or at least I’ve not spotted it. I’m assuming they were considered costs of the case? It’s the easiest position, especially with cel not there. This means no costs are considered unless there is a hearing. Which there isn’t.
You can try writing to the court, stating the above, and asking for a costs order aga8nat cel fir the set aside - they ckearly had no intention of a hearing.

Coupon-mad

KieranDouglas wrote: »

Right, basically im no specialist in this buisness, nor should you expect me to be, hence why im here asking for advice

My deadline was in November, which ive already stated missing due to being in HM Forces which i had been deployed away, i have explained this to the courts but its a tough bargain with them. More to the point, if i walk away at this stage can i clarify that my CCJ is off my records & i can rub my hands clean & its done & all dusted? (Minus the court fee) or does it HAVE to be closed off officially?

The way i see it, should i open another case to get my reimbursement i incur another fee? Surely its not worth the hassle of paying again, the main purpose was to clear my credit record & move on & for the sake of the court fee id be happy to leave it there

Also, i really cant figure out what more i could put across for a defence anyway, i physically had paperwork after paperwork against them & a long statement explaining their wrong doings ready for the hearing, theres not much more i can put across than i already have done

Your case is like lots of others v CEL, read some & learn from them. Berribear's thread was right under yours until I replied, bumping your thread up. That poster is at the same stage I think.

paulx22

Hello,

Many thanks to those who have already posted some excellent advice on here regarding all this. My issues are much the same........sold our house, was due to change the Registered Keepers address but as my father was due to buy the car from me thought I would wait until then and change the registration documents to him. Unfortunately my father could not come up with the money so I sold the car around 14 weeks after moving out of my flat through We Buy Any Car. I didn't change the registered Keepers documents until the car was sold.

Fast forward 18 months, applying for a remortgage and find 2 x CCJs on my Credit Report. No mortgage until I get these taken off my record.

Any idea of my chances of success with getting the CCj's set aside. I did not receive any correspondence from Civil Enforcement Ltd as I had moved address and the new owner did not forward any mail on to us unfortunately.

Any further advice on what to do about this would be gratefully received.