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

Umkomaas

Anonymous123456 wrote: »

Okay so should I just complete the set aside application and send it off? Do I need to send money with the application?

Do a Google search on that to confirm, but I don't think there would be any prospect of it being given any consideration without payment.

Taking a flier on it without payment you risk just delaying matters to a point where a Judge may just kick your application out as being submitted too late.

Coupon-mad

Anonymous123456 wrote: »

Okay so should I just complete the set aside application and send it off? Do I need to send money with the application?

You can take it to your local court with a cheque (or make card payment there I expect).

Did you check 'help with court fees' as I advised? It's not just for people on benefits.

I hope you've been reading enough to know what to put in the WS that accompanies the N244 and the 'draft order' that you ask the Judge to make, which should include the set asides being heard at one hearing and the claims to be merged if CEL then proceed, and for your costs to be reserved if not immediately ordered to be refunded by CEL who didn't take reasonable steps to trace you.

I need some support on creating a witness statement

No, you don't, and we will not write the template out again.

Simply read other 6 point draft order set aside threads (keywords in bold to search the forum). Easy peasy, all been done a hundred times on here.

You WILL have to fill in 2 x N244 and two lots of fees unless you qualify for fee remission.

Anonymous123456

THank you for your responses, I have been on the gov website and completed a set aside help with fees form.. they have then provided me with a reference number I’m meant to include on my n244 application that I send.. they will then let me know if I qualify for the help.. it does say it takes up to 21 days for them to decide if I’m eligible.. so kind of confused about the payment as a whole if I should even include it in application..

Coupon-mad

No idea, why not work on your WS and see if the help with fees confirmation comes through quickly. We did tell you where to find WS, and some keywords to search the forum in seconds to be looking at examples.

No links given by us - you searching is soooo much better.

Anonymous123456

I appreciate that.. but all i seem to find is people’s examples of their own situations.. which is right and fair play.. but according to the fines under my name I don’t really know where they were committed and what grounds I can use against the 2 alleged parking offences.. as I said before regarding the SAR I will send to CEL after I have submitted the application to the court.. until then I don’t have info of the area where they were committed or what I can use to back myself up.. like iv read through loads but am struggling to even get something together? I want to submit my applications as soon as but without the WS n defence I can’t..?

Umkomaas

Do it on the basis that you are left guessing as to what the charges represent as the PPC have not provided detailed Particulars of Claim (PoC), and seek to reserve you right (subject to the court's agreement) to amend anything submitted if clearer PoC are forthcoming.

Coupon-mad

I appreciate that.. but all i seem to find is people’s examples of their own situations.. which is right and fair play.. but according to the fines under my name I don’t really know where they were committed and what grounds I can use against the 2 alleged parking offences

You aren't looking for that...

PLEASE just look at people's WS and draft orders.

This is not about your defence. You do not submit a defence with a N244.

Have you sent a SAR by email to the Data Protection Officer, as per their privacy page?

Anonymous123456

i think i have finally completed the DRAFT ORDER and WITNESS STATEMENT for my n244 form.. please can someone read over it and make sure im on the right track? it took a lot longer than i thought..

WITNESS STATEMENT

In the County Court Business Centre
Case claim number 1 – xxxxxxxxxxxx Case claim number 2 - xxxxxxxxxxxxx
Defendant xxxxxxxxxx – living at xxxx
Claimant – Civil Enforcement
Case overview: Two judgements falsely placed against the defendant over parking notices which the defendant did not receive.

1. I understand that the claimant placed two default judgments against the myself (defendant) in middle of may and July 2018 respectively for two separate offences, Worth total in the region of £700. However, I was not aware of the county court judgments until just under two weeks ago when attempting to take out credit only then to be refused. I then checked my credit file and found two judgements on my name. I contacted county court about the two judgements and was informed they were regarding two parking offences issued against me by civil enforcement.

2. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as no correspondence was received for me to dispute against, I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

3. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment. I have also received no official contact from the claimant what so ever.

4. The claimant has been contacted under the basis of subject access request, this was to gain more insight on to exactly where these alleged offences took place and which terms were breached.
In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all reported charges against me from the claimant, including pictures, VRN and PDT record if applicable.

5. Considering the above, I was unable to defend this claim. Therefore, I believe that the default judgments against me were irregular and I respectfully request them both to be set aside.

6. As the claimant has not been in contact with the defendant providng any particulars of claim, the defendant seeks to reserve the right (preserving the courts permission) to amend anything submitted if clearer particulars of claim is forthcoming.

7. Statement of Truth: I believe that the facts stated in this Witness Statement are true.


DRAFT ORDER
IT IS ORDERED that:

1. The two default judgments dated XX/XX/2019 and XX/XX/2019 to be heard at one hearing and the two claims merged if civil enforcement agree to proceed

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.

5. Should the Claimant discontinue the Claim before/after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.


i have constructed this all based on reading countless threads and according to my situation.. please correct me wherever i am wrong or if there is anything else reccomnedeed to add? thank you

Coupon-mad

1. I understand that the Claimant placed two default judgments against [STRIKE]the[/STRIKE] myself (Defendant) in middle of May and July 2018 respectively for two separate alleged parking incidents on private land, which more than likely turn on the same facts and should have been one single claim. [STRIKE]offences,[/STRIKE] [STRIKE]Worth[/STRIKE] Instead, this notorious operator has filed two separate claims, negligently sending them to an old address with no attempt made to trace my current address at the time, and instead of 2 x £100 (maximum recoverable under the POFA 2012, Schedue 4) the Claimant has astonishingly arrived at an eye-watering total in the region of £700.

2. However, I was not aware of the county court judgments until just under two weeks ago when attempting to take out credit only then to be refused. I then checked my credit file and found two judgements on my name. I contacted the County Court Business Centre about the two judgements and was informed they were regarding two parking 'charges' [STRIKE]offences[/STRIKE] issued against me by Civil Enforcement.

Remove this, as this makes them sound reasonable:

The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice.

Change the 2018 year to 2019 in the draft order.

Twice you have:

Defendant's costs summarily assessed at £255

But unless you get a refund due to income grounds, your costs are £255 x 2 and you need to state that, or say '£255 per claim set aside'.

Have you sent a SAR by email to the Data Protection Officer, as per their privacy page?
Sooner the better, to get all the photos & location & data held.

nosferatu1001

In your draft order, you've removed the bit that says they should be set aside...