Please read!!!

Johno100

lauren606 wrote: »

I will try and bullet point and sum up the situation...
[STRIKE]
My partner received a parking fine from Excel Parking Ltd in 2015.

They were sending correspondence of this to the wrong address, when we finally received these letters a CCJ had been issued and we were dealing with BW Legal.

We contacted BW Legal and paid the debt in full immediately to which we were told the debt was settled and there was no longer any outstanding debt with this company.

We paid the court fees and went to court to have the CCJ removed.

We then move house again (moved in with my parents to save for a mortgage) during this time letters are being sent to our old address to which we have no knowledge of.

Me and my partner now have a mortgage and are living again in a new address.
[/STRIKE]
My landlady contacted me yesterday to tell me there was lots of letters for us at our old address and she would drop them off.

These letters are from BW Legal again telling us there is another parking fine from 2014 (bearing in mind we paid the 2015 one off) and because we have not responded, again because we no longer reside at that address, they have issued us with another CCJ and we have another £270.30 fine to pay.

I have contacted BW Legal and their response was it's your own fault for not telling us you had moved and when you paid off your first fine you should have asked us if you had any other debts with us.

I don't think I can go anywhere with this as I have even spoke to the county court business centre this morning and they said there is nothing they can do?

The 2015 case is totally irrelevant.

You may be able to go down the route of having the CCJ 'Set Aside', basically take it back to the stage before the CCJ was granted, because you had moved address. But then of course you needs to have evidence that you can use to beat them at a re-heard hearing otherwise you'll face an even bigger bill and your partner will still have a CCJ against him/her.

lauren606

Umkomass,

Thank you for your really helpful advice.

I appreciate you taking the time to read my questions.

I am going to read the NEWBIE section as suggested and then come back with questions I might have if that is possible?

PS: I'm sure you have a very amazing and fulfilling life and I think I was just shocked that people would reply telling me they shall not read my post. I appreciate people will have seen the post and thought 'oh not another one' but lesson learnt!
I can only sincerely apologise and again will always make sure I'm to paragraph in furture and maybe take a less is more approach with explanation points.

Thank you

Umkomaas

As you now have a county court judgment against you, I suspect it will already have hit your credit rating - can you check with Experian, ClearScore, Noddle or similar credit score check site?

If your rating has been affected, paying the £270 now won’t help you one bit, it will not change your credit score.

You need to apply for a set-aside (£255) which, if you can prove in your submission that you were not at the address at time of issue of the court documents, should be more or less automatically granted. The judge may tell you that you also need to submit a defence against the initial claim for this parking charge, or it might be left to the PPC to resubmit the claim.

If you’re successful, you can apply to the judge for the refund of your £255.

Post #2 of the sticky guides you through the set-aside process (although you may be familiar as you’ve previously been through it, but still worth checking the current expert advice).

HTH.

lauren606

Thank you everyone for all of your advice on what to do.

I really appreciate people taking the time to read my messages and reply with the advice.
Thank you

lauren606

Yes we checked his credit score last night and we can see the CCJ on there.

So should I no longer contact BWL and go through the process with the courts?

All I was thinking is if I don't pay BWL the £270.30 they say we owe do they add any more interest on to that?
(That might sound like a stupid question but I'm not sure how that works)

Umkomaas

So should I no longer contact BWL and go through the process with the courts?

BWL are out of the picture for now. The set-aside application will be via the courts.

All I was thinking is if I don't pay BWL the £270.30 they say we owe do they add any more interest on to that?

I can’t be categoric, as I’m not a ‘court expert’, but my gut instinct is that they can’t, as I can’t remember any set-aside I’ve seen here, where the CCJ has been outstanding for a number of years, accumulating a stack of interest.

But, from recollection, Court interest interest is at 8% pa, so not crippling on £270.