CCJ no court papers

0range

This is not related to the thread I already have open in the forum, this is different PCN a friend has had.

The friend received a PCN in 2015 along with other residents - when the residents permit had expired at midnight: PCN received around 10-15 mins after this!
A Notice to Recover letter was received yesterday, no County Court papers were received before this.
Dated 16/07, posted 2nd class.
Letter address is incorrect, probably why court papers were not received.
Says claimant have been awarded a CCJ against said friend and if not paid they will pass on to nominated recovery partners.
Whats the best course of action? Had a look through the newbies thread and done a search but nothing has come up.

Coupon-mad

Whats the best course of action? Had a look through the newbies thread and done a search but nothing has come up.

Really? The NEWBIES thread post #2 explains about CCJ set aside options.

Have they checked that they actually have a CCJ on their credit record?

Who are the letters from DCBL, and what do they ACTUALLY say?

0range

Oh man?! How did I miss that!?
Yeah they checked their Experian rating and it's still as it was - but is that because they haven't gone passed the final owed date?

DCBL are mentioned but it's from VCS

It says
Dear Sir/Madam

We write regarding an outstanding liability.

We have been awarded a County Court Judgement (CCJ) against you on the 16th July 2019, for the amount of £185.00 under claim number xxxxxx. This sum is payable forthwith and therefore enforcement action will commence shortly.

If you do not pay in accordance with the order imposed against you, your goods may be recovered and sold or other enforcement proceeding may be taken against you. Please pay the balance within 7 days from the date of this letter to prevent this matter from being passed to our nominated recovery partners, DCBL or ELMS Legal Ltd, for the purpose of instructing a representative to attend your property.

Payments can be made over the phone by using a valid credit card or debit card on the number identified below. It is the debtors' responsibility to ensure that payment within out office by the date specified above. If your circumstances change and you cannot pay, please contact our offices or alternatively contact the court office to discuss what you can do. In the absence of any correspondence or payment this case will be passed on to our partners for the purpose of recovery. this will incur additional fees for which you will be liable.

N.B Please note that any payments made after this letter will need to be paid directly to the recovery agent. The debtor is liable for additional fees incurred for the purpose of enforcement and such fees will be added to the judgement debt.

Signed by JB

Coupon-mad

I think Trust Online will show a pending CCJ but it's not free.

If it were me I would phone the CCBC at Northampton (they take HOURS to answer sometimes) and ask for a copy of the claim form, and insist on it even if they have to email the call handler some ID to prove they are the data subject entitled to see it.

If refused, insist again and speak to a Manager. I'd want that claim form to look at.

They will need to see which address VCS served this claim to, and the claim number and sums mentioned, so basically best to see the entire claim form.

KeithP

Just to add to C-m's suggestion of ringing the CCBC...

It is your friend, the Defendant, who needs to ring the CCBC.
They will not discuss a case with a stranger.

Quentin

0range wrote: »

Oh man?! How did I miss that!?
Yeah they checked their Experian rating and it's still as it was - but is that because they haven't gone passed the final owed date?

A CCJ gets recorded against you on the date of judgement


You can check trustonline website now to confirm if there is one (costs £6) - the free Experian type agencies take up to a month to update


Although the claimant can start enforcement proceedings, that has to first go through court (and your friend will get informed if that happens), and their threat is just a bullying tactic at this early stage .

From the letter quoted it looks as if the claimant asked for immediate payment when requesting judgement, but the "final owed date" is not till 6 years have passed, (after which the claimant is too late to start enforcement) so not sure what you mean by that

The_Deep

Nine times out of ten these tickets are scams so tell your friend to complain to their MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

0range

So my friend did call the courts and turns out the' judgement for claimant' letter has the wrong address on it (paid £10 for a copy) - which is different to the address on 'notice of judgement' letter my friend received.
Neither of which are the correct address of said friend
Lets say as example one says 391, another says 39d, and the actual address of said friend is 39h.

From the letter quoted it looks as if the claimant asked for immediate payment when requesting judgement, but the "final owed date" is not till 6 years have passed, (after which the claimant is too late to start enforcement) so not sure what you mean by that

Because it said in the letter from VCS said it had to be paid within 7 days (so defendant on that basis only has till tommorrw to pay it, but when they got a copy of the judgement for claim copy from the court today after the phone conversation, it clearly shows they have 30 days to settle - another example of the scare tactics?!

My friend, the defendant is unsure if to try and get it set aside because of the cost.
Thoughts?

Coupon-mad

How much is the judgment for?

Do they qualify on income grounds, for free or reduced court fees? Always worth checking.

0range

£185
and no they don't qualify.

waamo

0range wrote: »

£185
and no they don't qualify.

Tough call. They might get their fee back there again they might not. I would argue strongly this isn't a situation of their making, it's clearly not the defendants error.

It's not guaranteed though.