CCJ Compensation

celfighter

I recently had a CCJ set aside for a parking charge notice.
The thing is, the CCJ was initially sent to my old address so I knew nothing about it until I was refused credit for a purchase whilst I was on my holiday with my daughter.
I was very distressed about this and the fact that the ccj was sent to my old address surely cannot go unpunished? Prior to this happening, I had been writing emails and had told the claimant what my current address was because they were sending letters to my parents address. They had updated their system and had sent threatening letters to my current address. I do not know why they sent a Court notice letter to my old address (not my parents address or current address) unless they knew I wouldn’t defend myself against it and therefore I would get a default judgement.
Because I was refused credit, I couldn’t raise any money whatsoever. I had the opportunity to buy something expensive for less than half price but had been refused.
It also caused considerable inconvenience to me. I had to spend many hours researching the best way to defend myself.
Can I ask for compensation and if so what should I be asking for?
At the very least I want my court fees £250 reimbursed.

Thank you for reading this.
Best wishes ...

GM1880

Pretty sure you’d have needed to claim for costs in the set aside application.

The main thing is it’s set aside surely.

[Deleted User]

Parking fines are sent to the address where your vehicle is registered so you obviously didn’t update the DVLA either when you moved which is also an offence.

What did you try and buy on holiday that was refused? That doesn’t make any sense?

[Deleted User]

Actually I see on your other post it’s been sorted and removed:

https://forums.moneysavingexpert.com/discussion/comment/74789907#Comment_74789907

Based on the readings of that post no you’re not entitled to compensation as you suffered no significant financial loss as a result

twhitehousescat

!!! wrote: »

Parking fines are sent to the address where your vehicle is registered so you obviously didn’t update the DVLA either when you moved which is also an offence.

What did you try and buy on holiday that was refused? That doesn’t make any sense?

a parking Co can only ask the DVLA for the details ONCE only , so updating the DVLA after the event (initial letter sent to correct address ) would not have helped

OP you should have asked for your costs at the setaside

PixelPound

If you want to claim for costs & compo, then you would need to make a claim, which could have costs involved. You would need to state why this was not done as part of the set aside and a judge may not look kindly on wasting their time because you have now proceeded to take further action now that you won.

We live in a compo culture and don't see you having any financial impact - just stress and worry of having to do a set aside. Of course you may be one of these "dog with a bone type" and won't let it go, just be aware of costs and fees from taking further action, especially if it fails.

celfighter

Thanks for your thoughts everyone.
I have asked for court fees to be reimbursed during the set aside process.

The reason I wanted to pursue a further compensation route was because CEL was firstly writing to my parents address, then they updated their records and was corresponding directly with me.
After that, and for some unknown reason, the CCJ landed on my old address (neither my current address or my parents address). I feel this was done deliberately in an attempt to get a default judgement against me. I wanted to punish these people.

[Deleted User]

They’ve not done anything on purpose to get a judgement against you.

They would send correspondence to the last known address and in the case of a parking fine, the address which the vehicle is registered at

twhitehousescat

!!! wrote: »

They’ve not done anything on purpose to get a judgement against you.

They would send correspondence to the last known address and in the case of a parking fine, the address which the vehicle is registered at

CEL are known for sending paperwork to old addresses , this is known as "credit clamping" , in most cases people just pay up the inflated fee and get it marked as satisfied

nice to see the OP went for a set aside , and won , what the majority of people forget is that a file marked as satisfied , still hurts chances of future credit

Quentin

Having the original CCJ set aside doesn't mean the original claim is gone away.


The Claimant is normally allowed to reinstate the claim if they wish to


See if there is any reference to this in the order you got about the set aside

sourcrates

fisherp123 wrote: »

Thanks for your thoughts everyone.
I have asked for court fees to be reimbursed during the set aside process.

The reason I wanted to pursue a further compensation route was because CEL was firstly writing to my parents address, then they updated their records and was corresponding directly with me.
After that, and for some unknown reason, the CCJ landed on my old address (neither my current address or my parents address). I feel this was done deliberately in an attempt to get a default judgement against me. I wanted to punish these people.

Agreed, this is a common occurrence in order to obtain judgement by default, it happens a lot, even when the company concerned has been advised of the debtors new address.


This loophole is currently been addressed by the Ministry of Justice, and is at consultation stage.