CCJ In Default - Too late for N244?

Phace

Hi,

Ive read through the forums here as much as possible and have been completely overwhelmed with information so Im making a last minute post to try to find some experienced direction.

A quick time line of events so far:

I parked in a shared car park served by CivilEnforcement Ltd automated camera and visited one of the adjoining shops.

I was aware of a 40 minute time limit overstay but informed by shop owners it is void if im a shop customer, the camera and time limit is there to discourage commuters etc.

I received multiple PCN's from Civil Enforcement - shop owners told me to ignore it as I am their customer.

I received multiple letters from Solicitors - shop owners told me to ignore as the landlord has verbally instructed them "not to worry".

I received a Letter Before Action in February - shop owners showed me their tenancy agreement with relevant wording under "Ancilliary Rights - The landlord grants the tenants the following rights - the exclusive right to park three cars in such car parking spaces as the landlord shall designate from time to time, providing that the landlord shall ensure that the tenant has the exclusive use at all times to use three of the parking spaces in the area to the north east of the property" (note that there are no dedicated parking spaces, which would not matter anyways if there were as the camera captures ALL vehicles entering/exiting without knowing who is a customer for the adjoining shops and therefore exempt from a PCN)

20th July i received a CCJ In Default - shop owners have apologised and suggested i send the landlord a letter to be made exempt.


I am well aware of the bad advice i have been given so far and what a hot mess this has been.

Can anyone confirm I now need to call the court for a defence pack ive never recieved, fill out an N244 form to be set aside, pay its £255 free and attach a Statement of Case defence? Have i gone past the time limit at the CCJ was sent 20th July?

DoaM

Didn't you receive court papers? Surely the LBA in Feb wasn't the last communication you had? If you did receive such papers, why did you sleepwalk into a CCJ?

Is the CCJ actually registered? (Past the time limit for paying). If not then pay it and you'll avoid a CCJ on your credit record.

And get the shop owner(s) to pay you back for the value of the judgment. After all it is mostly their fault.

Quentin

You didn't receive a "defence pack" because you ignored the claim. That is why they were able to get a default judgment against you.

So no point pursuing the court.

Assuming the set aside application is granted then if they decide to reissue the claim then deal with the court correspondence and you will then get the forms through to put in your defence

waamo

What are you going to give as a good reason for not responding? in order to get a set aside you need to demonstrate you had a valid reason for not responding to the original papers.

Papers going to the wrong address would be a good reason. Following idiotic advice from shopkeepers would not be a good enough reason for ignoring court papers. Even, if by some chance, you didn't get them you will struggle to convince a court of that given you have ignored everything else so far. The court will likely agree with the parking company that on the balance of probabilities, having ignored all previous letters, you ignored the court papers. That will be £255 down the drain on top of what you already owe.

Can you give a really, really good reason why a court should set it aside?

Quentin

DoaM wrote: »

Is the CCJ actually registered? (Past the time limit for paying). If not then pay it and you'll avoid a CCJ on your credit record.
.

A ccj is registered the day it is issued.

But the defendant can get it removed by paying in full within a month of getting it

So the op's ccj is registered though he can still pay it off in full and have it removed (though then a set aside would seem a pointless exercise)

[Deleted User]

You didn't receive a "defence pack" because you ignored the claim. That is why they were able to get a default judgment against you.

So no point pursuing the court

.

That's not actually right. When the claim form is sent, it MUST be sent with a response pack to assist the recipient to admit/deny/acknowledge. Not having one would, itself, he sufficient in most cases to get a judgment in default set aside (the case law is mixed on the point).

Nevertheless, since this is MCOL it would've been sent as standard with the claim form. If the claim form was received and intentionally disregarded, I'd worry that it'll be hard to set aside, let alone recover costs. In which case, the cheapest and quickest resolution if still in time, is simply to pay. You need to check the dates carefully. A CCJ paid out of time remains, just endorsed "paid.". That isn't good enough.

Phace

I have found I received A Particulars of Claim 13th June 2017 which included a Schedule of Information but no Defence pack and no other court correspondence at any other time other than the CCJ. I should note this Particulars of Claim even states its contents of just a Particulars of Claim, omitting any mention of a defence pack.

Out of pure chance i DID happen to change address 9th July 2017 but also paid for a mail redirect too. (CCJ is dated 20th July)

I most definitely do not have any defence pack what so ever with my CCJ or any correspondance before that.

Therefore on the grounds that I have changed address AND did not receive a defence pack, does this constitute a good enough of a reason to set aside?

The CCJ is dated 20th July 2017 so I assume I have until 20th August 2017 to pay. Or set aside if the above reasons are good enough.

Quentin

If you moved house on 9th July and the ccj is dated 20 July then you should have received all correspondence prior to the move. (The claimant cannot ask for judgement until at least 14 days from the claim being served).


You say you got the particulars of claim form - the reverse of that warns you not to ignore the claim and that judgement can be entered against you without further notice - though it seems you ignored it!


When you get the judgement notice then that's it - you don't get another opportunity to present a defence unless you go through the set aside process (and win it)


You can delay paying till after the month from issue, though unless you pay it off in full before then the ccj will remain on the register for 6 years. And of course the claimant is able to set about enforcing the judgement (eg bailiff/attachment of earnings etc)


If you want to apply for a set aside then you should do so via form N244 - do it ASAP - though when you say you didn't get a "defence pack" yet did get the claim form (with the info mentioned on the back) you may have some problem convincing the judge you didn't know about the claim

Coupon-mad

I have found I received A Particulars of Claim 15th February 2017 which included a Schedule of Information but no Defence pack and no other court correspondence at any other time other than the CCJ.

What do you mean ''other than the CCJ''?

Do you mean, other than the N1 court claim you would have received before those particulars? The one you needed to acknowledge and defend at the time?

Phace

No N1 Court Claim form has been received. I had to google what that was to see examples.

The list of correspondence I have includes:
1) PCN
2) PCN (Final reminder)
3) ZZPS (Unpaid PCN Reminder)
4) ZZPS (Unpaid PCN Second Reminder)
5) Wright & Hassall Solicitors (Outstanding balance reminder)
6) Wright & Hassall Solicitors (Formal Letter of Claim)
7) Civil Enforcement Ltd (Letter Before Action)
8) Civil Enforcement Ltd (Particulars of Claim)
9) CCJ In Default

Umkomaas

8) Civil Enforcement Ltd (Particulars of Claim)

Was this via the County Court Business Centre in Northampton?