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

Le_Kirk

Any idea what my next steps will be?

Assuming you have sent everything you needed to, to the court and the claimant, here are you next steps: -
1. Wait
2. Wait some more
3. Well you see the trend

Anonymous123456

Lol I’m ok with the waiting part, but I’m unsure as to what I take with me to the court date? And what exactly would I say to the judge if I don’t receive any info regarding the 2 fines?

Anonymous123456

Can any one please advice me on what exactly I say to the judge for my situation? I have not received full details of the fines from the PPC yet. Yes I'm waiting until I receive something but until then I don't have anything.

Coupon-mad

Why not just read other set aside threads, as this has been said so many times before when people ask what to show the Judge; here are just three I found in seconds:

https://forums.moneysavingexpert.com/discussion/comment/75512066#Comment_75512066

https://forums.moneysavingexpert.com/discussion/comment/75447066#Comment_75447066

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

Saves us sooo much time when NEWBIES search the forum and come off their thread.

Anonymous123456

Hi all, so basically I just received an SAR from CEL.. literally like under a week before the court date for the set aside.. iv been reading through a lot of different threads.. based on what I read I have gathered that I may need a defence and a skeleton argument is this correct?

Coupon-mad

No, not before the set aside hearing.

Anonymous123456

Case claim number 1 – XXXXXXX Case claim number 2 - XXXXXXXX
Defendant - XXXXXXXX
Claimant - Civil Enforcement
Case overview: Two judgements falsely placed against the defendant over parking notices which the defendant did not receive.

The Claimant has placed two default judgments against myself (Defendant) in the middle of XX and XX 2018 respectively for two separate alleged parking incidents on private land.

Upon realizing on XXX/2019 that these judgements were placed on my credit file, I promptly contacted the county court requesting further information and an insight as to what the judgements were about.

Once informed by the count court that the judgements were from CEL regarding two parking incidences I promptly made two set aside applications.

I (the defendant) completely dispute these claims by CEL as I did not receive any documentation from them.

As I the defendant had no letters explaining particulars of claim an SAR was sent to the claimant requesting the details of apparent charges in order to gain a clearer understanding of the fines. This request was sent by email on XXXX/19 and the requested info was received on XXXX/19.

The address stated in the claim letters sent by CEL were clearly of an address which I was not residing at that point, The letters were apparently served to a family home which I left due to broken relationship in middle of 2017. Things were really tough for me living without family as I had no income for a while, I eventually got a job in late 2018 and to prove that I the defendant was not at the address at the time I have brought along the DBS form confirming address, name and date status. this is clearly months before realizing the CCJ against my credit file.

I the defendant humbly request the judge to reserve my costs as I am concerned this Claimant will just discontinue if the CCJ is set aside, The amount of effort, stress, and holidays from work it took to complete appropriate documents and evidence has left me out of pocket, so it is only right for these costs to be compensated.

Things to consider for the judge:

I (defendant) have made this application for set asides promptly once I found out about the judgements from credit file.

I was not given a chance to defend myself against this wretched company.

I was never running away from a company and in truth i was there to be found by a simple trace, it would have been sensible from CEL to exercise due diligence to check where they were sending letters to if no response was received.

I am a student who has spent the last 6 years in advance education looking to become a teacher. whilst already being in 40k debt through university loans, The two CCJ will really hinder my chances of attaining credit as well as getting a decent job as I would require a clean background. I will face an impossible task of repaying my student loans as well as buying my own property in the future.

along side this i will take a print out of the following press to show to the judge https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

am i missing anything else for the set aside hearing? please correct me or advice me to remove anything which isnt necessary. THANKYOU.

Anonymous123456

is it OK if i take this to my set aside and hand it to the judge? or is this all wrong?

Coupon-mad

Don't use ''I the Defendant'' which is antiquated & bad English.

And not ''humbly''. Again, awful English - hope that's not your subject for teaching...?

Not sure that that document is, surely you have already sent:

N244 form
a witness statement (is the above the same as the one you sent?)
a Draft Order asking for your costs to be refunded or reserved, and for BOTH the CCJs to be set aside.

am i missing anything else for the set aside hearing?

You need to take the evidence of your address and why you would not have seen the Claim form. You need to be fully familiar with what the Judge will need to be satisfied about, and take matching evidence to satisfy this, and to show you have good prospects of defending both the claims.

That's why I gave you the 3 links in post #55. They tell you what to take/say.

Anonymous123456

i have sent the following
Sar to CEL
N244 set aside forms to court
WS to court
Draft order to court

To the set aside hearing i will be taking evidence which shows i wasn't at the address at the time.

in regards to the above post i made, I only made it so it would give the judge an overview of the case?
im confused as i haven't even submitted a defense at all??