Can I get a CCJ set aside?

Daftytaffy

Hi

My wife has just found out that she has a CCJ for PCN that was issued by Excel parking back in Sept 2012.

We were aware of the PCN and we appealed against but on the fact that she was going to an interview and forgot her purse. She rang me in a panic an I walked a few miles to pay/collect the car. By the time I got there it was to late and they advised me to appeal.

I didn't agree with the £60 charge and offered to pay for the full day which they denied. That was the last communications that we had with them.

She checked her credit file and noticed the CCJ. Called the court and found it was for this. We didn't receive any letter that we had to go to court as it was sent to an address that we havnt lived at in the last 5 years.

Also now they are asking for £283 and I don't know what all these extra charges are for.

Would I be able to get this set aside on the basis that we weren't aware of the court? If we had recieved it we would have probably just paid to avoid the CCJ.

We are saving to buy next year and this has been a shock for her. Will this cause an issue when we apply for a mortgage?

Loadsofchildren123

Look at TobyZ’s thread. He won a set aside of a CCJ on this basis. Also against Excel.
Excel turned up at the door of the court with a compromise agreement, agreeing to remove the CCJ. Toby went into court to argue for costs and won.

You need to read a few set aside threads. Do a forum search and you will find plenty. Read some so you get the gist of how this all works, and read the newbies thread at the top of the list of threads.

Daftytaffy

Ok will do. Thank you for the reply.

The_Deep

It is a scam, like taking candy off a baby. It is not difficult to get it cancelled, but time wasting, tedious, and expensive, (but usually you get the money back).

The extra charges are not allowable and are one of the reasons why you can get it set aside, but the usual reason is that they failed due diligence in tracing you. There are lots of set aside threads on here.

Play this right and it could end up with them paying you for their unreasonable behaviour and greed.

Quentin

Daftytaffy wrote: »

Hi

My wife has just found out that she has a CCJ for PCN that was issued by Excel parking back in Sept 2012.....

.......We are saving to buy next year and this has been a shock for her. Will this cause an issue when we apply for a mortgage?

The ccj will die naturally after 6 years.

So if your mortgage application will be after 6 years have elapsed you may think it not worth bothering with now as 5 years have elapsed already without any problems

The_Deep

Quentin, My reading of the OP is that the CCJ is recent, the event was in 2012.

Daftytaffy

Yeah that's right. It happened in 2012 and the CCJ was added this year as the judgement date was in April. I have lived in 3 different addresses since then.

Coupon-mad

Have you read the entire section about set asides, in the NEWBIES FAQS thread post #2?

Daftytaffy

I have indeed and spent all day reading through it. My brain is a bit fried at the moment. We have contacted BW legal and requested the documents. They sent a picture of the car and also copy of the PCN. At the time the car was registered to her parents address however they got my old address from the appeal. She was planning on moving in and finding a job at the time. As soon as she got a job we moved to another address and then sold the car shortly after.

I guess the next step is to request a set aside as they didn't properly inform us of the claim.

KeithP

Daftytaffy wrote: »

I guess the next step is to request a set aside as they didn't properly inform us of the claim.

Yes that's right.

It is however, important that you act quickly and will need to show that you've asked for a set aside as soon as you realised the CCJ existed.
Unnecessary delay will see your set aside request denied.

Daftytaffy

on the letter they sent they have given us 14 days to contact them so does that mean I should get the request sent in now?