Paying a CCJ (DCBL)

peter_the_piper

As an aside, why did you not sort the court case out? Did you not receive details and if so was it because the DVLA had the wrong address for the vehicle (not driving license)? If so make sure its corrected so there will not be any more in the future.

nosferatu1001

roberts777 wrote: »

I meant Northampton as that was the County Court Business Centre that issued the CCJ.

And, as pointed out. They arent a court, and any hearing would be at your local court

Are you within the 1 month deadline to pay? If yes, then paying cannot attract any additional fees, and can be padi directly. It also removes teh CCJ

If outside of 1 month then go for a set aside. IF you dont, then your credit is screwed for 6 years whether or not you pay up.

Quentin

roberts777 wrote: »

Excel passed me on to DCBL last time I spoke to them, can I insist on paying them the original amount? What if they refuse?

You don't need to speak to them.

Comply with the judgement and send payment to the Claimant. (Though only if you are within the month since judgement - get and keep a proof of posting)

nosferatu1001

Youd need more than that. Youd need a receipt for payment.

Quentin

nosferatu1001 wrote: »

Youd need more than that. Youd need a receipt for payment.

As already advised in #5

Redx

Northampton is the main government office for england and wales court cases (the main one , there is a manual handling one in Salford as well) - the clue was BC as in Business Centre , if you google the address and the court address you will find they are totally different postcodes in Northampton - its a common misconeception and you have assumed this instead of actually checking

there is no way you will go to Northampton unless its your local court , so if you live in Preston it will be heard in Preston county court

if you are too late to pay it (one calendar month) then only a set aside will remove it , so if you want your credit rating back, paying it wont help

Half_way

Stop calling them on the phone, email or written communication only ( if writing keep a copy of what you send and when and send it via first class from the post office obtaining a certificate of postage

unapaid parking ticket issued by Excel parking

Whos car park was this?

Coupon-mad

The reason I am considering paying it over applying for a set aside is the potential time and money that would be involved, including taking an unpaid day to attend court. There is also the risk of me not winning and having to pay the £255 for the court date as well as the CCJ. Please correct any of these assumptions if they are incorrect.

If your case is anything like the other DCBL Excel CCJ cases on here recently (and we have had a few, all currently going for set aside) then the CCJ is presumably from 2017?

In which case paying it off does not clean up your credit, just marks it 'satisfied' which can still prevent a mortgage application, and continues to damage your credit for everything for 6 years from the judgment date.

So 'set aside' is the answer, despite the pain of the up front court fee (that might be refunded if the Judge agrees with you and holds Excel to have no cause of action against you as registered keeper - which they don't).

The hearing will be local, Excel are unlikely to turn up, you are in our experience, almost certain to get the CCJ set aside under the circs, and it should take no more than half an hour. i.e. half a day off work, again you can try to claim those costs from Excel along with the £255.

The alternative is a set aside 'with consent' as described in the NEWBIES thread, but not many people opt for that, partly because paying a £100 consent version of the court fee AND having to pay off the rogue PPC as well, is a lot more than £255 and sticks in the throat, seeing as Excel cannot hold keepers liable. They had no case, the claim would be defendable.

Any idea when the parking event was? Pre POFA, early 2012? No chance that you were liable (unless the driver was known to Excel) and the claim was speculative and doomed if pre-October 2012. Even if later, Excel have never had the right wording on their NTKs to hold a keeper liable.

I would do the £255 set aside, hold your head high and see off the outrageous scam* once and for all.


*Hansard 2.2.18

waamo

If this has gone to DCBL then it's highly likely it is beyond the month time scale to have it expunged.

If I'm correct then paying it would not be particularly helpful if you need a mortgage. A satisfied ccj usually causes credit problems for a few years before you are deemed an acceptable risk.

As above a hearing would be at your local court not in Northampton.

roberts777

Coupon-mad wrote: »

If your case is anything like the other DCBL Excel CCJ cases on here recently (and we have had a few, all currently going for set aside) then the CCJ is presumably from 2017?

In which case paying it off does not clean up your credit, just marks it 'satisfied' which can still prevent a mortgage application, and continues to damage your credit for everything for 6 years from the judgment date.

So 'set aside' is the answer, despite the pain of the up front court fee (that might be refunded if the Judge agrees with you and holds Excel to have no cause of action against you as registered keeper - which they don't).

The hearing will be local, Excel are unlikely to turn up, you are in our experience, almost certain to get the CCJ set aside under the circs, and it should take no more than half an hour. i.e. half a day off work, again you can try to claim those costs from Excel along with the £255.

The CCJ was from 2016.

Coupon-mad wrote: »

Any idea when the parking event was? Pre POFA, early 2012? No chance that you were liable (unless the driver was known to Excel) and the claim was speculative and doomed if pre-October 2012. Even if later, Excel have never had the right wording on their NTKs to hold a keeper liable.

I would do the £255 set aside, hold your head high and see off the outrageous scam* once and for all.

*Hansard 2.2.18

Thank you Coupon-Mad, following yours and Quentin's postings I am edging towards putting in for the set aside.

I'll just set out a more detailed series of evens to make sure that there isn't something I'm missing that wouldn't make my case proceed-able as I did ignore the original letters.

3/15 - Overstayed at a Car Park, received PCN on car

5/15 - 12/15 - Received letters from the Parking Company (Ignored them)

12/15 - Changed address

2/17 - Became aware of CCJ during credit report

Does the above give me sufficient grounds for the set aside and will I need evidence to support this?