Didnt receive CCJ - now on credit rating

jhea11

Hello, looking for some much needed advice!

I have had a parking fine with Excel Parking/BW Legal services and on April 7th 2017 received a letter saying they MAY enter a County Court Judgement against me. I have since heard nothing from them or anyone else.

Last week I applied for a credit card to rent a car abroad and was declined. I did a credit check with Equifax which showed I had an unpaid CCJ against my name. I contacted BW Legal today who said they entered a CCJ against me on the 3rd May. Something which I knew nothing about. I have spoken to the county court who ALSO say they sent a letter to me on the 2nd May explaining that if I do not pay this within 30 days it will go on my credit file. I did not receive either of these letters and therefore the 30 days passed and now the CCJ will show on my file for 6 years despite me paying it in full today.

Does anyone have any advice? I do not want this to affect my eligibility for credit cards or mortgages in the future especially as though I wasn't aware that a CCJ had even been entered against me and I would have paid it the minute I saw the letter to avoid this at all costs!

MEM62

jhea11 wrote: »

I do not want this to affect my eligibility for credit cards or mortgages in the future especially as though I wasn't aware that a CCJ had even been entered against me

There would have been quite a few letters from the parking company and or their debt collection agency as well as the Court on this issue before the CCJ was awarded. It is unlikely that all of these were lost in the post. (The postal system in the UK is not that unreliable) If you genuinely didn't receive any of this communication you may therefore be facing a situation where someone is intercepting your mail and that needs checking out.

With respect to the CCJ, as you have not responded to the debt collection letters, defended the case in court or settled once judgement was awarded then I am afraid that you are stuck with this on your record for the next six years. The impact will diminish with time and a settled CCJ looks much better than an outstanding one but I am afraid that you are going to have to suck it up and live with it.

Buzby

Sadly no. Your right to challenge ends when you satisfy the debt - you cannot seek to have the case rerun due to lack of notification - the judgement will now show as Satisfied so not quite as bad, but I'd be investigating why your mail service is so flakey.

shortcrust

This is why it's important to not ignore scary post. As MEM62 implies, no one is really going to believe that all those letters went astray.

jh1407

It is not unknown for the Parking companies to deliberately send information to a previously registered keepers address they have obtained from the DVLA, and thereby manage to obtain a judgement in default because the claim was never defended due to being unaware of that claim.

Please first look in the Newbies Sticky which is the 2nd post down in the Parking Tickets area of the motoring forum and look for the section labelled

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Which is about half way down the page and read the links provided first to gather some knowledge.

Once you have done this you may want to start a new post in the parking tickets section and ask for advice from the regulars there for obtaining a set aside.

HTH

cjmillsnun

It's a bit late for a set aside. It's been satisfied. As others have said, your right to challenge ends when you pay it.

PixelPound

You received a letter in April and then did nothing? Yes it did say MAY, but that's what they all say, the reason being that if they say WILL its seen as intimidation or threatening. There is nothing you can do now that it is paid and TBH very little you could have done - that you received a letter in April suggests they had the right address and if that's the address the court had (as they send the claims & judgement), you not receiving it is not a defence, there is no requirement for them to prove you received it.