CEL Ltd default CCJ! Pls help!

Jeff123

Hi. Can anybody advise if it’s worth appealing the judgement?

Jeff123

Hello Everyone,
I just want to thank you all for your guidance to help me to get to this stage. I had a CCJ on my credit file and i didn't know what to do about it. This forum helped me to fight back and get the CCJ off my record. That's the most important thing for me.
I was disappointed with the judge's decision but i just have to live with it, i have run out of steam and just want this chapter to close once and for all.
As expected, CEL have not made any payments to me, the deadline was 26th Nov 2018. I do however, want to enforce them to pay me this amount out of principle.
can anybody advice me on how to get this order enforced? Thanks

Coupon-mad

Jeff123 wrote: »

Hello everyone.
I received a letter from the court today and it reads as follows:

Upon reading the court file
And upon reading a letter from the defendant received 22 November 2018
And upon claimant not having complied with the order of 13 November 2017 (drawn on 22 November 2017) nor applied for relief from sanctions
And upon defendant seeking damages and costs
And upon the court considering the behaviour of the claimant is not unreasonable for the purposes of CPR 27.14(2)(g) but that defendant is entitled expenses of attending the hearing on 13 November 2017

IT IS ORDERED THAT
1. Claim struck out.
2. Claimant shall pay defendant £32.50 by 4pm on 26 November 2018.
3. “The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above”

Dated 8 November 2018

How about sending CEL a simple Letter before Claim (Google it and look at the Which? website, etc.) setting out your costs to reclaim:

£255 for the set aside (attach proof of payment) and
£32.50 as per the Order of the Court (attach a copy of the Order)

TOTAL PAYABLE NOW - £287.50 but court costs and interest will be added should the matter require a small claim.

That should flush out the £32.50 at least, and you can then decide whether to sue them for the £255.

Jeff123

Some victory against CEL!
Received a cheque of £32.50 from CEL Ltd.
I think i am going to close the whole chapter now, have wasted lost of time on this matter. But this is victory for me, out of principle. They had to PAY ME and the court charges. So win win situation.
Thanks you very much to all of you on this board who has helped me get through this issue.

The_Deep

Well done Jeff, but whatever you do, please take 10 minutes to complain to your MP.

Jeff123

Thank you. yes i am definitely going to do that.

Quentin

Please don't let them off the £255 you had to pay!

Jeff123

Hi everyone.
Was looking at the letter CEL sent to me together with the cheque. The alleged parking ticket i got was in a retail park where i had gone to purchase £2,000.00 worth of goods from a major retailer.
I had spoken to the manager and gave them the reg number of my car, because i knew it could probably take longer than 1.5 hrs that was permitted according to the sign. The sign did say to let the staff at the store know if customers needed longer than 1.5 hrs.
I didn't receive any ticket so was unaware of any ticket issued against me. Can i pursue the retailer for compensation + refund of my £255? Pls advise.

Umkomaas

Can i pursue the retailer for compensation + refund of my £255? Pls advise.

This is now drifting well into legal advice territory (nothing any longer about a parking ticket) which we are not set up to deliver - maybe try Legal Beagles forum?

For what it's worth - I am not legally qualified - you could issue the store with a formal Letter Before Claim for £255, then if they don't respond issue a MCOL Claim (costs you £25 which you get back if you win).

The store may think it's all too trivial an amount to expend the effort to defend, and pop you a cheque in the post. You'll never know unless you try.

The_Deep

Of course you can, anyone can make a claim in the CCC against anyone else, but imo you might struggle, the shop did not award the CCJ, or the costs, the judge did.

I am fairly litigious, but I do not think that I would risk a claim in such circumstances, re-read post 87.