Government action on parking CCJ's

peter_the_piper

http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html

Not sure if this is accurate but could be useful if true. Now we just need to get drivers to update their documents when they move.:)

Castle

Link to the consultation:-
https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

beamerguy

The Government now plans to immediately set aside all CCJs for those who can prove to a judge that they did not know about it when it was passed.

Ministers are also considering moves to make firms prove they have sent courts correct address details when making claims.


I am unsure what proof a judge will accept.
I DID NOT KNOW JUDGE ?


What will work is the claimant/solicitor being able to prove
they had the correct address.
That will screw up the very dodgy legals


If the claimant/solicitor cannot prove (I doubt that any of
the dodgy legals can do that) .....will it mean that a
substantial claim be made against them ???

beamerguy

BE AMAZED at this thread .....

https://forums.moneysavingexpert.com/discussion/comment/73632937#Comment_73632937

Let us hope the Ministry of Justice has the good sense
to let the courts / judges know what;s going on ??

Herbie21

peter_the_piper wrote: »

http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html

Not sure if this is accurate but could be useful if true. Now we just need to get drivers to update their documents when they move.:)

Sadly, the Daily Mail commentary is not accurate and they really should have read the Consultation in detail before giving the public the impression that a judgement obtained without the debtors knowledge will immediately be set aside.

The current position as outlined in the Consultation is as follows:

Currently, not receiving the claim is not a defence and the judgment would not be set aside on that basis alone.

If, however, the defendant has a defence (for example, that the money was not owed at all) and can establish that the documents were served at an address where the defendant could not have been aware of the claim, the court will consider the application to set the judgment aside.

The Consultation proposes that a judgment may be removed from Registry Trust on the following grounds:

• The court is satisfied that the defendant was unaware of the claim/judgment when originally issued/entered

• The court is satisfied that the defendant has only just become aware of the claim and judgment

• The defendant immediately pays in full

Thus, the defendant would be placed in the same position as a defendant who received the judgment and paid within 28 days of receiving it.

I have made further comments on this subject (posting as Bailiff Advice) over on the CAG forum:

https://www.consumeractiongroup.co.uk/forum/showthread.php?483835-The-Govt-plans-to-immediately-set-aside-all-backdoor-CCJs(3-Viewing)-nbsp

fisherjim

".....the Daily Mail commentary is not accurate...."

That's a first!!:rotfl::rotfl: