2 CCJ on credit file (CEL) PEASE HELP!!

Anonymous123456

Hi all, I’m new to this site, iv read countless threads (many with mixed information regarding to my current situation) so I want to just set this straight to determine the next steps I’m meant to take..

just a few weeks ago I tried taking out credit in my name, I was refused, I checked my credit file only to see 2 county court judgements on there dated 9 months and 7 months respectively from today’s date. I contacted the court 10 days ago asking what the judgements were related to they explained it was from CIVIL ENFORCEMENT for 2 unpaid parking charges. (Ignored them all due to poor advice) Now I believe I have around 4 days maybe to gather information and to submit an n244 set aside application which was sent to me by the court. I want to take this step by step in time to submit my app on time as iv read prompt applications to set aside have higher chances to succeeding providing I have a good defence and statement. I will have to gather all information and fine grounds for myself to fight on and defend myself.
I want to know what I formation do I need which will help me later, and who do I need that Information from?
I currently only have the n244 forms and I know who is trying to prosecute me (CIVIL EN) that’s all I have..

Much appreciated.

Redx

nobody has "prosecuted" you , but civil court claims were issued and default CCJ,s were obtained

send the DPO at CEL a SAR by email to get all their data on you

the NEWBIES FAQ sticky thread has all the info you need on SAR and on overturning a CCJ, please read it

waamo

Did you ignore court papers?

Anonymous123456

Year unfortunately I did as I was advised they will just go away. How silly I was to believe that. I’m regretting that now.

DoaM

You're pretty much screwed then, as you'll likely struggle to convince a judge to agree to a set-aside. (Make the claim as if no judgment had been made and return to the start of the claim process). It's not as if you didn't receive court papers - you just ignored them.

Anonymous123456

But that’s what I know.. not them? There must be some sort of way out of this..?
Can I make a defence out of this..

Back in March 2017 I brought a vehicle which I put on my name and adress - all was well until things fell out with my family. I had to move out.. I moved to a close friends flat as my drivers licence was already registered there. but when I purchased the vehicle I registered that on my family’s house where I was living before I moved out.. Just to clarify again (My licence name and adress was on my friends flat before purchasing the vehicle.. BUT the vehicle itself has always been on my name and family adress Till the day I sold the vehicle.

And while I was at my friends adress civil enforcement must have sent the parking fines to my family’s adress.. and not giving me an option to defend or respond to the claim..

is that atleast something to give me a small chance.. I can gather other information too as iv read CEL do not follow the POFA..

Redx

you would have to swear that these court papers were sent to an old address and you had no knowledge of them


you have no defence until you have set asides

Umkomaas

is that atleast something to give me a small chance.

It gives you a (slightly) better chance than saying you knew about, yet chose to ignore everything.

But the only way you'll find that out is to apply for the set aside (x2) and pay the fee of £255 for each application and see if a Judge will consider. If he/she won't, you lose your fees - and you still have the CCJs against your name. Even if you win, there is no guarantee that you will ever receive your fees back. They could only possibly be refunded if the Judge found the PPC to be at fault in applying for judgment in default (x2), and ordered them to do so. But I can't see that the PPC has failed in any procedural way. So it's a big financial risk in applying for the set asides - unless you qualify for concessions on the fees (state benefits etc - check eligibility out).

I can gather other information too as iv read CEL do not follow the POFA..

Wholly irrelevant at this stage. Get your set asides first.

waamo

If you are thinking of telling fibs to a court then don't. If found out (which is likely parking companies read these boards) prison time is extremely highly likely.

Turning a ccj into prison time would be madness.

Anonymous123456

But wouldnt the court even consider that I was away when the letters actually came? As evidence I could use my licence? Or would they then question me as to why my licence was on another adress etc? Would they go into specific details to conclude case?

if the chances of losing this case is 99% then what else is my best option?

Redx

being away isnt the issue, its if you knew they had arrived and you had chosen to ignore them at the time

if your address had changed, you are duty bound to inform the DVLA of your new address , for both your driving licence and for the V5c as well, otherwise you can be fines up to £1000 for each offence by the DVLA themselves

so a court may take the view that several errors were made by you the defendant, especially if you knew about all of this and failed to deal with it at the time, or any time since once you became aware of the issues

this wont even go to court if you fail to get the set asides