Dodgy CCJ help

getting_a_grip

Hi all, first time poster ...

I recently discovered I have a CCJ issued from a year ago. After some digging it turns out to be a private parking company that manages the car park of the flat that I rent. This company was ticketing me even though I was displaying the pass issued by them. I wrote to them with a copy of my rental agreement etc and the ticketing stopped.

Turns out they perused this with the court and a CCJ was issued against my otherwise clean credit history. I didn't receive any notification due to being unable to obtain post (I still can't at my current address). I have never heard from anyone trying to collect this debt or any correspondence.

Long story short, I have my rental agreement, land registry documents and my estate agent stating that the tickets should never have been issued in the first place.

How can I appeal? What do I do next? I am totally lost having never dealt with anything like this before.

[Deleted User]

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

National_Debtline

Hi there and welcome to MSE,


You can apply to the court for a set aside and we have a factsheet on this that zx81 has kindly linked to. This is a process that takes the CCJ back to the beginning. The court will normally look at why you didn't reply to the original claim forms, have you acted promptly in applying for the set aside and do you have a realistic prospect of a defence.

It is done on an N244 form, which costs £255 I am afraid (unless you are benefits or a low income, in which case you may be able to get the fee discounted with an EX160). I appreciate you have lots of evidence but it is always worth taking some legal advice before filing this because if you are unsuccessful (for any reason) you can incur legal costs of the other side. If you successfully set aside the CCJ it will be removed from your credit file.


I will also mention that if you pay the CCJ in full within 1 month of the judgement date it will not be recorded on your file. I appreciate that is not what you want to do, but sometimes it is the cheaper route (if the CCJ is less than £255). Best of luck,


Laura
@natdebtline

sourcrates

Free legal advice available from the Legal Beagles website here :

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Link is to the "received a court claim" section, but includes info on set aside.

waamo

sourcrates wrote: »

Free legal advice available from the Legal Beagles website here :

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Link is to the "received a court claim" section, but includes info on set aside.

Advice is also available on this very forum too.

http://forums.moneysavingexpert.com/showpost.php?p=64350577&postcount=2

For advice not just on small claims but how to prevent a claim happening read this thread

https://forums.moneysavingexpert.com/discussion/4816822

getting_a_grip

Hi all thank you for the advice

I went to the county court and spoke to the free legal advice service there. The solicitor looked over the application and said "Don't worry about it, this will be set aside no problem" and noted that the parking company "Are known to be !!!!!!!s"

I did try to find legal representation on the matter, rang around at-least 10 solicitors but none of them wanted to know, regardless of cost.

The CCJ was issued last year, so i'm out of the timeframe to pay

getting_a_grip

I have filled in my N244 and had it looked over, however i'm not sure how to actually submit it. The linked information said send 3 copies recorded delivery, but when do I pay the fee?