Hoping to get a CCJ aside

Lm87

Hi all

Apologies in advance for the length of this post, but wanted to provide as much information as possible.

I have a CCJ in respect of a PCN from VCS ltd and I am desperate to have it set aside as I need a new mortgage for a house move to get my son into a specific special needs school.

I had a PCN some time ago from VCS Ltd and initially was stupid and did nothing about it. After I got a “Letter before claim” I emailed the email address on the letter with the initial standard dispute quoting POPLA from this website. This was 23 April. I heard nothing at all back. A week ago I saw I had a CCJ on my file from 14 June (over a month old so not possible to remove it by just paying at this point).

I went through all my paperwork and post and found that I had received a Judgement in default from the county court that was dates 14 June. I didn’t see this at the time as I had an ongoing tribunal for my disabled son’s disability living allowance with a different court and the paperwork got misfiled. A huge oversight that I can’t believe I made.

I made an application for set aside with the about information and further detail on difficult personal circumstances and paid the £255 court fee on Friday. I have now had a notification of the hearing being transferred to Manchester County Court.

I’m not sure if it’s best to represent myself as a lawyer advised the application was best made personally in the hope the judge would be more lenient.

If anyone has any kind of advice they can offer I would be really grateful.

Thanks for reading

Quentin

What did you put in your application?

Did you offer a defence as well as your "miss filed" excuse!,"

You do need to attend the hearing

(It was too late to use the "initial dispute" quoting popla appeal you belatedly read here in response)

You may be better to consider a set aside by consent as a way of getting this off the register

bargepole

"Hoping to get a CCJ set aside"

I'm hoping to win the Euromillions Lottery and go and live in Barbados with Kylie Minogue, but that's unlikely to happen.

You are going to be fighting an uphill battle here, as it seems that the original court claim papers, and subsequent judgment in default, were all correctly served at your current address.

For the reasons you have explained, all of this was overlooked as you were involved in a separate tribunal matter. However a Judge who is a stickler for the rules may not consider this a good enough reason to grant a set-aside - the envelopes arrived, presumably you opened them, and should have realised that you needed to take action.

You will need to wear your lucky underpants and socks when you go to that hearing in Manchester. Let's hope that District Judge Iyer is in the chair.

Umkomaas

I'm hoping to win the Euromillions Lottery and go and live in Barbados with Kylie Minogue, but that's unlikely to happen.

@BP - not sure about your chances on the Lottery or a move to Barbados, but it looks like Kylie might be available. Strike now, don't hang around.

Faint heart never won fair maiden!

http://www.dailymail.co.uk/tvshowbiz/article-5405305/Kylie-Minogue-opens-split-Joshua-Sasse.html

System

Lucky Pants?

I've searched Lexis but got this

Nearest match: lack plants 0 results for your search: "Lucky pants"

Don't think the pants - lucky or otherwise - will cut it.

Lm87

In terms of the defence I noted that I received no response to my email of 23 April and nothing further from either VCS ltd or the court before the judgement in default. I also outlined my personal circumstances which meant I didn’t see the judgement in default for six weeks. I accepted delays and oversights on my part. I also noted I didn’t agree with the original charge and why (didn’t leave the car, went down the wrong road only).
I’ve considered a set aside by consent and the company were willing to consent but only if I paid first. I don’t mind spending the money however that would be me admitting liability. I would then need to prove I hadn’t received correspondence on the matter, and I can’t do that as I made the appeal in email. Hence deciding against this route and already making the application to the court. Unless you know differently?
Thank you

Quentin

Your defence isn't one. It looks to be your explanation of why you failed to respond to the claim

A set aside by consent doesn't need any proof regards why you didn't respond originally

With set aside by consent you are obviously never going to get the claimant to consent unless you pay up!

Umkomaas

Have you moved address in the past few years and not updated your V5C (vehicle logbook) with the DVLA, resulting in VCS/Court post not reaching you?

System

Court paperwork if sent to your current address is presumed to never get lost - hence the question from Umkomaas. Was the CCJ registered to your current address?