Help please

IGWa2010

Hi Everyone,

I'm new here and was hoping to get some advice in respect of getting a CCJ removed from my credit file (set aside?). But I think my circumstances might be complicated so I don't want to waste money on appealing something that might not work out.

To give you the background - I had received a parking ticket from Excel parking in 2015. I stupidly ignored it at the time and received a letter from excel advising that they had registered the debt with the county court in 2016. After that point, I instructed a solicitor who wrote to excel requesting all the relevant information and who advised that they would be defending my claim. I heard nothing back from excel and so I assumed this was all over.

A few weeks down the line a letter came through my door in a brown envelope from Northampton Courts it was addressed incorrectly - it had my surname but the gender and initial on the envelope was wrong.I did not therefore think this was meant for me and, without opening it, returned it to the courts with a note advising that it was not correctly addressed and if it was for me, to reissue the letter. Again I heard nothing further.

It was only when submitting a mortgage application in Summer 2017 that I was alerted to the fact that there was a CCJ on my record which I now understand had been issued by default. The only way that my mortgage would be signed off was if I paid this off which I did. I was not aware at the time that I could apply to get this "set aside". I have put a notice of correction on my credit file explaining the circumstances behind the CCJ and advising that my solicitor's correspondence to the parking company was ignored, however it has really damaged by credit rating and my ability to get finance.

I am interested in trying to follow the court procedure to get this removed but I have no idea if it's possible given that I have paid it or whether my circumstances would make it likely that the courts would be prepared to remove it. I don't want to pay the £225 court fees if I've got no chance of success.

Thank you very much in advance for any help!

[Deleted User]

As you’ve already paid it you’ll need to put in for a set aside and pay the associated fees

System

On what grounds are you hoping to have it set aside? Your solicitor's correspondence wasn't ignored, they just decided it didn't have any merit and that isn't a reason to have it set aside.

sourcrates

Moved to parking forum.

ShakeItOff

i'll be corrected if I am wrong, but from reading your post, it sounds like there has been a reasonably long period of time between you discovering the default CCJ and looking to put the set aside application in (potentially), and does look like credit file repair. This would not be looked on favourably by a judge, from what I understand on here.

You could consider a set aside with consent, which is cheaper, but you would need to get the agreement of Excel.

You could always submit a Subject Access Request (Legal Beagles template is linked in the NEWBIES thread) to see if the issues with the claim paperwork originated from Excel, but I don't know if that would be enough to get a set aside granted.

Coupon-mad

A few weeks down the line a letter came through my door in a brown envelope from Northampton Courts it was addressed incorrectly - it had my surname but the gender and initial on the envelope was wrong.

I did not therefore think this was meant for me and, without opening it, returned it to the courts with a note advising that it was not correctly addressed and if it was for me, to reissue the letter. Again I heard nothing further.

That was silly. Gender and initial...so what, you knew it was from the court so you should have known it was likely to be for you...never muck around like that! Just open the thing if you could see it was from the court and you knew there was a court claim in play.

See the NEWBIES thread about set asides. Either 'with consent' or not.