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Lost Court Order due to no reply

1235

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    safari.1 wrote: »
    It tells me to fill in a Section 14 Statutory Declaration. Is this right?
    No it doesn't.

    It is addressed to your sister.
  • pappa_golf wrote: »
    OK fill in (her not you) the form for a setaside , state clearly that travelling expences will be claimed back upon result , then sit back

    actually forget that ,

    this situation is farcical , and I wonder if its a wind up

    Travelling expenses would not be granted even if the set aside was successful, as the sister is at fault for failing to update the registered address. The notice was served correctly.

    I agree that the situation is a farce though, and that the sister should be sorting out her own mess.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 November 2017 at 10:08PM
    Travelling expenses would not be granted even if the set aside was successful, as the sister is at fault for failing to update the registered address. The notice was served correctly.

    Not necessarily true.

    We don't know the document was served correctly, and sometimes at set aside hearings reported fairly regularly here (because Parking Firms are among the main perpetrators who exploit the system), people get their £255 set aside fee back AND their travel, AND the claim is struck out because PPCs are chancers and some Judges see through the scam.

    There is no 'mess' caused by the sister. This is a parking firm, they create and exploit the mess and the Government has noticed this exact issue with 'credit clamping' by PPCs:

    http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

    ''Government announce CCJ review due to parking companies exploiting legal system''

    However, this poster has no need to do anything except check out what a bailiff can/can't do.

    It's not his/her CCJ, and the person whose it is, lives abroad, so no action is needed expect to know the basis on which the family in the UK can say ''go swivel'' if a bailiff rocks up in pursuit of this scam 'charge'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • That's what I meant, I should tell her to fill in one? I'm very confused as to whether I should or should not take action?

    I really don't want to take any risks with this, and would prefer to get it sorted rather than ignore it. Will anything go down on record if ignored? Will her UK credit score be damaged? If so, I would rather resolve the issue.

    Can I get her to fill in a set-aside and then fight as a normal parking ticket?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    safari.1 wrote: »
    I'm very confused as to whether I should or should not take action?

    Read post #44 again.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Will anything go down on record if ignored? Will her UK credit score be damaged? If so, I would rather resolve the issue.

    Her UK credit score will probably already show the CCJ if it was more than 30 days ago. Why does she care, she lives abroad?

    Just check out what a bailiff can/can't do because you seem to think it can 'get nasty' and we are saying no, it won't, but ask Bailiff Advice Online.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    safari.1 wrote: »
    That's what I meant, I should tell her to fill in one? I'm very confused as to whether I should or should not take action?

    I really don't want to take any risks with this, and would prefer to get it sorted rather than ignore it. Will anything go down on record if ignored? Will her UK credit score be damaged? If so, I would rather resolve the issue.

    Can I get her to fill in a set-aside and then fight as a normal parking ticket?

    I am out , the OP will cause more damage by doing anything
    Save a Rachael

    buy a share in crapita
  • Ok, last question.

    Is there no way to reverse the CCJ on her record by proving she was unaware of the court claim?

    Will marking the CCJ as satisfied not limit the damage on her credit score in case she does decide to return?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    safari.1 wrote: »
    Ok, last question.

    Is there no way to reverse the CCJ on her record by proving she was unaware of the court claim? yes its called a setaside

    Will marking the CCJ as satisfied not limit the damage on her credit score in case she does decide to return? no difference will still show to future enquirers





    ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    safari.1 wrote: »
    Ok, last question.

    Is there no way to reverse the CCJ on her record by proving she was unaware of the court claim?

    Will marking the CCJ as satisfied not limit the damage on her credit score in case she does decide to return?

    1: The CCJ is against her and she must sort it out by applying
    for a set aside in her name

    2: Pay the scammers amount, it will be marked as settled
    but will remain on her credit rating showing "settled"
    It would then be up to future borrowers to make a decision
    Once paid, no bailiffs will call.

    It is interesting to note that as it's Gladstones, had this been
    defended, this incompetent solicitor would probably be
    paying her costs.
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