CCJ gone to old address from parking fine has resulted in rejected mortgage

peter_the_piper

Don't forget to update the dvla details for car and license when you do get to move, Main reason why CCJ's sneak through. Also get post forwarding to the new address, even if you updated ppc's could still have gone (correctly) to the old address.

Running

Thanks for your help again coupon mad and everyone else.

Makes me feel reassured that they are likely to discontinue. Perhaps I could post defence on here for you to look at? Will work on it over the weekend. I should know this from the newbie thread but the new defence- will that be another witness statement, like we did last time? Or could we just resubmit the same witness statement maybe tweaking it to emphasise that we shouldn’t have got the PCNs as opposed to the correspondence issue. We also drafted a Skelton defence for the set aside hearing. Will try and search back through your posts....for information too.

The judge didn’t mention the costs- we did write in draft order last time about CEL refunding court fees. We were just so happy we got the set aside we forgot to bring it up. As you say we can add costings to next draft order instead.

MP has visited, taken all evidence and information so will watch this space, he is appalled with these ppc.

I was reading up on the registered keeper and POfA on here. As part of our defence is that the names driver is my partner- her name has had to be disclosed as it is in our evidence of her logging in and out the gym. We had to make that call at the time, as we supplied photocopies as proof in our court bundle. But I guess we can still loosely mention in defence.

Coupon-mad

Perhaps I could post defence on here for you to look at?

Yes please.

I was reading up on the registered keeper and POfA on here. As part of our defence is that the names driver is my partner- her name has had to be disclosed as it is in our evidence of her logging in and out the gym. We had to make that call at the time, as we supplied photocopies as proof in our court bundle. But I guess we can still loosely mention in defence.

Yes - do. She is safe because they will not have her address to pursue her, if they fail with you. A name and the fact she was driving does not give them her address. Avoid asking her for a WS, for that reason, and just use your evidence already filed.

As for what you send to the court, it depends what the Judge was ordered/will order. Typically the Judge might write to confirm the CCJ be set aside and tell both sides what she expects from them and by when.

BUT you should then ask for a variation of the order (act within 7 days!) pointing out the discontinuation likelihood and the fact your draft order did reasonably ask for the costs to be reserved, and given the fact they are now unlikely to proceed - going by their usual conduct, in the public domain hundreds of times - ask your Judge to amend the Order to allow you to have your wasted costs refunded if that happens, or if the claimant fails to pay the hearing fee/to proceed.

Running

I see, so helpful... all judge said in hearing was to submit defence in 14 days. That makes sense now- I might ring the court to see if there is anything documented tomorrow.

Will then work on defence and pop in here next week.

Would not have got anywhere near this far without the help of this forum. We probably would have panicked and satisfied the CCJs. Which is what these cowboys want.