CEL CCJ - Hire Vehicle

Squiggle27

Hi all,

So I've spent the night reading up on all the great advise available on this site but i'm still left pondering my own situation so wanted to put it to the forum to make sure i'm not missing a trick!

Context:
Had an offer accepted on a property over the weekend as a first time buyer, my Experian credit report was clear and all looked good until... A CCJ was flagged on my Equifax search and this has basically written off my chances of obtaining the mortgage I need on the flat i've paid a reservation deposit for (and got excited about moving into)

The CCJ was a total shock and i knew nothing about it until this morning as it wasn't and has never shown on my Experian account. I contacted the County Court Business Centre and they provided me with a few essential details on the case:

1. Its for outstanding debt and damages
2. The case was heard in June 2017
3. The address listed is an old address I haven't been in for 3 years now

Unfortunately I hadn't seen your advice not to contact the company pursuing the CCJ and phoned for information on the history of how it came to be. I have requested a full correspondence trail to understand what has happened and can expect that in within 28 days...

The information I've been given is that this was in relation to a PCN which was issued to my address in Feb 2016. As it turns out I am being pursued as the alleged driver of a hire vehicle parked in a residential, private multi storey car park using ANPR technology. If my memory serves me well, this was an error on my part as I had not registered in the hire vehicle to be present in this car park for the several hours I was there. I would have been more than happy to settle the PCN however, this hire vehicle was used as I was moving out from the address on my Drivers License to new rented accommodation. As a result I never received the PCN or subsequent notices's and now face this CCJ as a total surprise.

I can't find any evidence of mail redirection for leaving that address and the hire company I used to rent the vehicle to move out never made contact with me despite being notified by CEL of the PCN.

Naturally I want to challenge this as a Set Aside and recoup the £255 fee but i'm most concerned with a looming 28 day exchange window on my dream first home which won't be a reality as long as this is showing on my credit file

I will however have updated my Drivers License at the new address once moved in but I can see that that is irrelevant to CEL as they are only able to access my last known address once.

What is the best position for me to approach this Set Aside form from?

MANY MANY Thanks to anyone who can support me on this as i'm super pressed for time!

pappa_golf

stop , this has nothing to do with address on driving licence !

did the hire co have your new address , yes or no

Squiggle27

No the hire company only had the address I was currently living at and was present on my license

Quentin

Driver's licence doesn't come into it!


Presumably the hire car company gave them your address details they had (the ppc gets the rk's details which will have been the hire company)


A set aside application won't be heard in 28 days!


If you are desperate to get it sorted quickly then the only quicker way to approach it is to pay off the ccj in full and seek a set aside by consent


Though that will take some time and will involve you corresponding with the creditor (read up on this way of doing this)


Be aware once the creditor discovers where you are they are entitled to start enforcement proceedings to get paid!

Squiggle27

Thanks Quentin,

Set Aside with consent feels like a good route to pursue although from what I can see CEL haven't entertained any consents to date. Is this something i'd benefit from using a solicitor for?

Quentin

Certainly get advice on the wording of the application - the Court isn't happy about set aside applications they see as being done to launder credit scores


But assuming you pay all the costs involved as well as what (they say!) you owe them, there is no reason why CEL would refuse to help. You would be doing all the work, and all they would have to do is sign a consent form and return it to you (in a pre paid postage envelope supplied by you!)


Unless you have seen reports they refuse to co-operate???

Coupon-mad

Squiggle27 wrote: »

Thanks Quentin,

Set Aside with consent feels like a good route to pursue although from what I can see CEL haven't entertained any consents to date. Is this something i'd benefit from using a solicitor for?

You don't need consent to file a set aside at £255.

CEL never turn up.

No solicitor needed.

Squiggle27

Hi Guys,

Thanks for the info, looks like I need to pursue a set aside ASAP but i'm wobbly in terms of what I need to say to convince the courts of 1. I've been unaware of the claim and 2.There's good probability of success. Is there a template I can use as this feels like a standard application?

Quentin

See newbies faq thread (set aside is covered in #2)


Also search this forum for set aside threads

Coupon-mad

Squiggle27 wrote: »

Hi Guys,

Thanks for the info, looks like I need to pursue a set aside ASAP but i'm wobbly in terms of what I need to say to convince the courts of 1. I've been unaware of the claim and 2.There's good probability of success. Is there a template I can use as this feels like a standard application?

Follow saggi's thread, as linked in the NEWBIES thread, and copy that approach.

And compare notes by pm with this person:

https://forums.moneysavingexpert.com/discussion/5785899

HTH

Squiggle27

Hi All,

Good news is that the SET ASIDE was a success using the information provided throughout this forum. The submission I provided was as follows:

I am xxxxxxx and I am the Defendant in this matter reference no: xxxxxxxxx.

This my supporting Statement in support of my application dated xxxxxx to:

Set aside the Default Judgement dated xxxxxxx as it was not properly served at my current address;


1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in June 2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 29.01.18 when I was completing a credit check ahead of a mortgage application. I understand that this Claim was served at an old address, xxxxxxxxx. However, I moved to a new address in February 2016, xxxxxxxxxxx. In support of this I can provide confirmation from the DVLA on my due diligence in the addresses they have held for me as a license owner

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

1.3. On the 29.01.18 I contacted County Court Business Centre to find out details of the Default Judgement. The court papers contain no details of the alleged incident and I do not know what the Default Judgement relates to.

1.4. On 29.01.18 I was able to contact the Claimant using information given to me by the County Court Business Centre. They shared with me that this was in relation to a PCN originally issued to xxxxxx Vehicle Sales Ltd who also operate a Van leasing service. This PCN was then issued to the address of the person who had hired the vehicle ‘xxxxxx’ in February 2016 on the date of the parking contravention. My address, the Defendant, was given as xxxxxxxxxxxx and further notice was supposedly issued as it was believed that I was driving the vehicle at the time and was therefore liable for the PCN. As however, I had hired a vehicle from xxxxx Vehicle Sales Ltd to use to move my belongings from xxxxx to xxxxxxxx as a permanent change of address I was not to return xxxxxxxx to be in receipt of any PCN’s issued

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information, my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

It was ordered that:
1. The Judgement be Set Aside
2. The defendant file in court by 1st Class Post or Email and copy by 1st Class Post to the claimant a fully pleased defense with copies of documents in support
3. Thereafter the matter will be referred to a district Judge for further directions and listing.

I had until May 29th to complete this but had a series of work trips which distracted me and had me flying all over the place. I emailed the County Court because in their original order the deadline was printed 29th April 2018 but it should have been 29th May 2018. This was amended under the slip rule and was dated 25th June 2018. There response was as follows:

Good Afternoon,

Please find attached an order that has been amended under the slip rule to show what the Judge has actually written in their notes.

As the date has been given by a Judge, we cannot amend the date that has been written down.

Please send in your defence as soon as possible so we can refer the file to a Judge as per point 3 of the Order.

Regards

I'm aware of a few challenges I now face:

1. I'm late to submit the defense
2. I don't believe I can use the Registered Keepers point to challenge as I had hired the vehicle fort a set time and was the only applicant to hire and insure the vehicle at the time of the contravention.
3. I still haven't seen any particulars so I don't know what i'm defending other than this:

OUTSTANDING DEBT AND DAMAGES DATE--DESCRIPTION--AMOUNT--DUE DATE 06/xx/16 REFxxxx 236.00 06/xx/16 TOTAL DUE- 236.00. THE CLAIMANT CLAIMS THE SUM OF 260.57 FOR OUTSTANDING DEBT AND DAMAGES INCLUDING 24.57 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 26/05/17 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.05 TOTAL DEBT AND INTEREST DUE- 260.57 I WILL PROVIDE THE DEFENDANT WITH SEPARATE DETAILED PARTICULARS WITHIN 14 DAYS AFTER SERVICE OF THE CLAIM FORM.


Would love an expert opinion on how I progress this. I did also ask at the set aside hearing for the £255 to be ordered to pay but this wasn't captured anywhere by the looks of things. CEL didn't attend the Set Aside FYI.

HELP PLEASE