CCJ issued to old address - help me!

sjja

Hi all. Sorry if I am repeating from other posts on here but I want to get my situation to you all for your opinions?

Last week my partner and I checked out credit profiles as we are about to apply for a mortgage. On mine my rating went down drastically to poor due to a CCJ being present on my credit profile since Oct 2018 when usually it’s excellant as I take care in my profile and credit usage.

Doing some research into what it is it is a parking time from 4 August 2016.

I moved address on 2nd November 2015 and I updated the DVLA of an address change after the parking charge date so obviously not received any letters.

I have applied to set the CCJ aside currently waiting for a hearing date.

Just looking for your opinion to what the outcome might be? I feel I have a good defence and I havent had the chance to defend myself until I noticed the CCJ on my credit file until last week however I had been late in updating my address with the DVLA.

Really appreciate any advise help

Umkomaas

This will save typing all the information out:

https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx

Which parking company?

Please note, we are not a legal or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.

sjja

Hi Thanks for the reply. The company is civil enforcement ltd.

I've checked some documents this morning and my address was changed with the DVLA on the 16.02.17 and the case was hear on the 9th May 2017? will this stand me in good steed for a defense also?

Also my drivers license was changed November 2015 just after we moved.

waamo

A parking company can only apply to the DVLA once per parking incident for your details.

They most likely obtained them shortly after the event so will have had your old address when they launched the court claim.

They use the address on the V5c.

sjja

OK thanks for that waamo.

Overall in my defense i had not been made aware at any point until October 2018 when i checked my credit file to the surprise of a CCJ against me. The whole time scale doesn't seem to add up.

Timeline of events - To my knowledge

Date of parking offence - 4th August 2016 - Unknown to me until October 2018
Case heard at Northampton on the 9th May 2017
Credit rating went from excellent to poor in October 2018
Called Northampton courts the day after and applied for CCJ to be set aside
17th October - received letter saying its been passed to my local county court

My main questions are
1. Why have i only found out about the CCJ in October 18 when the fine dates back to August 16 and heard in May 17?

2. I've had no letters or correspondence regarding the parking fines or CCJ.

3. Asked for all previous letter in regards to the fine etc to be forwarded to my current address.

In my opinion i would believe this wont be a problem in getting it set aside and removed. Ideally it needs to be done asap as we are going through a mortgage application.

Yes it probably was me that had fine (unconfirmed until info comes through) which i will be happy to pay the original fine as this will be a fair outcome.

waamo

1. That's something you need to take up with the credit reference agencies. They can be slow at updating data but frankly it is a side issue and probably best not to get bogged down in it.

2. All the correspondence will have gone to your old address. It's the only one they had.

3. Now they have your new address they should use that one.

nosferatu1001

Now they have yor new address you TELL them they MUST use this for all future correpsondence.

Get yoru set aside organised. SIX POINT DRAFT ORDER is required, as it a) orders enforcement halted b) reserves costs but c) makes them PAY the £255 if they discontinue, whcih CEL has a habit of doing.

KeithP

Have you seen how others have approached this?

For example, this poster, and many others, have also provided a six point Draft Order to help the Judge:

forums.moneysavingexpert.com/showthread.php?p=74830861#post74830861

sjja

Cheers Keith!