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I've been an idiot..Do I now have CCJ against me?
leepox
Posts: 11 Forumite
I have failed to return my directions questionnaire on time due to a combination of moving away a few hundred miles, and me being an idiot for completely forgetting about having submitted a defense letter.
The last letter I received from the country court business centre was an order letter that I had 7 days to return the directions questionnare, however that was a 6 weeks ago now. The first paragraph's closing sentence was "If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the claimant will be at liberty to enter judgement". (me being the defendant, and unfortunately the claimant had submitted their directions questionnare on time)
Does this mean it is a waiting game now for me to receive action from the thieving parking company (what action can they take)? Or can I still ask the county court if it's still possible to send in the directions questionnare? Or do I just go and pay the fine (not even sure where I do that)? I am looking to buy a house at the end of this year and this is really going to screw me over. I'm so stupid, sorry to be a disappointment :wall::(
The last letter I received from the country court business centre was an order letter that I had 7 days to return the directions questionnare, however that was a 6 weeks ago now. The first paragraph's closing sentence was "If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the claimant will be at liberty to enter judgement". (me being the defendant, and unfortunately the claimant had submitted their directions questionnare on time)
Does this mean it is a waiting game now for me to receive action from the thieving parking company (what action can they take)? Or can I still ask the county court if it's still possible to send in the directions questionnare? Or do I just go and pay the fine (not even sure where I do that)? I am looking to buy a house at the end of this year and this is really going to screw me over. I'm so stupid, sorry to be a disappointment :wall::(
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Comments
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Check to see if you have a ccj at https://www.trustonline.org.uk/ This is the official register. It costs a couple of quid but could save you a world of grief.0
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A CCJ will not be entered on your files if you pay up within 28? days of the judgement date. You need to contact the court and find out what is going on with the case, have you been given a court date / court venue ?0
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I haven't been given a court date/venue yet, that was the last letter I received from the county court.
I also checked the register and it says there's nothing registered against me.
Do I contact them tomorrow by phone? Or should I fire away an email tonight asking for the case status?0 -
I would do both. Send an email now explaining you've moved and follow it up with a call. You never know you might get lucky and they allow the case to proceed.0
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Phone the court to which your case has been allocated - urgently in the morning.
Then get your posterior in gear!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
Phone the court to which your case has been allocated - urgently in the morning.
Then get your posterior in gear!
No, that's wrong. The CCBC don't allocate the case to a local court until they receive completed DQs from both sides.
The OP should log back into MCOL and check, if the Claimant has requested Judgment, that will be shown in the Claim History.
If Judgment has not been requested, the DQ should be sent asap.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Oops, misread on my part. Thanks BP, apologies OP.No, that's wrong. The CCBC don't allocate the case to a local court until they receive completed DQs from both sides.
Please follow Bargepole's advice. Posterior still needs putting into gear.
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
Hi all, just a quick SAD update
I got this back today from CCBC.
"Unfortunately we cannot process your Directions Questionnaire as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. "
I guess now it's just damage control for me for being an idiot. Do I now have a CCJ against me or do I wait until a letter goes through the post? I don't see the point of applying for N244 as that will cost me at least £100 so I'd rather pay the claimed cost now - awarding them an easy win.
Any advice would be really appreciated. (I mean how do I even pay them as the MCOL account has now expired?)0 -
You pay the claimant not the court.
This does look as though they have requested judgement in default, though would have expected you to get confirmation through the post by now.0 -
A CCJ will not be entered on your files if you pay up within 28? days of the judgement date. You need to contact the court and find out what is going on with the case, have you been given a court date / court venue ?
No.
Once judgement is given against you then a ccj does go on the register immediately.
You have a month from then to pay it in full to stop it remaining on the register for 6 years.0
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