CCJ from CE LTD

Frustratedbeyondbelief

Hi,

We have read all the other threads, and must say that the information is excellent, but just want to ensure we are using info relevant to our specific situation. We recently noticed a CCJ, issued from Northampton CCBC relating to Civil Enforcements Ltd, on my partner's credit report. It was issued at our old address, and the original offence is over 2 years old. The CCJ itself was issued a few months ago but this is the first we are hearing of it. My partner was the Registered Keeper but the Driver could have been anyone as many people can use our vehicle. We have contacted the court and got the usual 'incomplete' info submitted by CEL, and we have also sent an email/letter to CEL re Set Aside by Consent giving them 7 days to respond before we file our N244. Thanks to all the great threads here we have a good idea what we are doing but there is one sticking point we are unsure of, so wanted some advice. We don't know whether we responded to the original 'PCN', using a legal template to say we wouldn't acknowledge/pay and the reasons why (with our mail being re-directed at that time) or whether we didn't receive it/ignored it. The last thing we want to do, obviously, is say we didn't receive the original notice and have CEL then send in our letter defending it, making us look untruthful. What we do know is that, even if we did respond we have had no other letters from CEL, the court or anyone else. What should we put in our Witness Statement re this, as it is a slightly different situation to others? Many thanks for any help

Quentin

Have you paid it off in full now??

If not you won't be getting any consent!

More likely are enforcement proceedings (bailiffs/attachment of earnings etc)

If you have not paid it off you need to be looking at a set aside.

Coupon-mad

Not sure why you are trying a set aside by consent?

These are beatable by NOT paying them off.

CEL will not pursue the claim once you get it set aside for the £255 court fee, and many Judges could be persuaded to award that to be refunded by CEL, who do not contest or turn up to set aside hearings.

Frustratedbeyondbelief

Reading advice from another forum, the first port of call was to try this route (although they would likely not respond) before going down the £255 route, especially as we need to get it removed as quickly as possible as it is holding up out earnings. Haven't paid anything off as we believe we can win, just don't know what to put due to the points raised. Any advice?

Quentin

OK

Then forget going for a set aside by consent. That won't work. Why would the claimant fall in with that when they have an unpaid ccj against you to enforce.

You need to act quickly if you intend applying for a set aside as the court will reject it if you don't get on with it as soon as you become aware.

And the creditor can apply to the Court for an enforcement order at any time (all at your expense) eg bailiffs/attachment of earnings etc

Frustratedbeyondbelief

Understand. What do I put in the Witness Statement then, as other threads say they never received anything at all? We have been racking our brains but can't remember, and don't want to look silly if we say this and then they prove we responded initially. If we did respond, and our original argument was correct, it may be they wouldn't want to prove it but we can't be sure.

Quentin

Your application for a set aside should be based on the reasons why you knew nothing about the court claim, not the original correspondence.

Read up in the Newbies FAQ thread on set aside and search for other threads here where posters have applied for a set aside to understand the process

Frustratedbeyondbelief

Understand that, and we'really comfortable with that. This is more about the defence. Looking at Saggi's info, are we not best adding our defence in with our Witness Statement? If so, where they put 'no previous communication received so knew nothing about it' they are talking about it in entirety not just the 'claim', aren't they? Or does this only refer to the claim?

Coupon-mad

You can just change it to:

As the registered keeper, this CCJ has come as a nasty surprise, because you cannot recall receiving any document that complied with the POFA 2012 Schdule 4 paragraph 9, nor can you even recall any document purporting to be from this Claimant. As such, you put the Claimant to strict proof that they served a Notice to Keeper that complied with the statutory requirements of Schedule 4, and was therefore capable of holding a registered keeper liable in law, for the actions of an unidentified driver.

Do show us your draft 'Set Aside WS' and your draft defence too, and we will help tweak it.

Frustratedbeyondbelief

Thanks Coupon-mad, and Quentin; will do !!!9786;