Elderly non driver CCJ default at old address for mobility vehicle of disabled daughter

BrownTrout

Fruitcake wrote: »

It is possible to get this set aside and then have an opportunity to defend the original claim, but it costs £255 and needs a fair amount of research and effort to do this.

If that's what you decide to do, I'm sure you will get help from some of the more experienced regulars here.

In any case you should complain to Boris and your MP to complain about this unregulated scam, pointing out the statement made by the former Prime Minister as per beamerguy's post.

Local and national press may also be interested, especially the Daily Mail.

If the claim has been served correctly according to CPR & the defendant has no real prospect of success can you explain how you expect this be set aside.......

soolin

Snakes_Belly wrote: »

There are more places than you think do a credit register search. I am fairly certain that auctions do before they give someone a bidding number.

I hold bidding numbers at probably 20+ different auction houses, no one has even done a credit check on me. However, I am not a bidder at the bigger London ones like Christies so perhaps they do, but unless OP's MIL is a high end art dealer or such like I can't see that it matters. What would be important is if OP's MIL is going to look for credit or a loan in the future.

However I do understand the issue around being upset at having a CCJ, and as above if the issue matters that much then perhaps spending money to try and get it removed is a possibility.

Half_way

more information is needed from the original poster.
Why was a ticket issued to the vehicle in the first place ?
where is this car park ?

Fruitcake

BrownTrout wrote: »

If the claim has been served correctly according to CPR & the defendant has no real prospect of success can you explain how you expect this be set aside.......

We don't know if it was served correctly so can't know either way without being given more information.
I don't expect it to be set aside, I merely say that it is a possibility, but I accept that it may not be an option.

The_Deep

BrownTrout wrote: »

That is unfortunately frankly irrelevant.

I think that it is entirely relevant. Your gratuitous advice flies in the face of the declared wishes of the OP, is self evident, and will, no doubt be ignored.

What was the purpose of your post?

BrownTrout

The_Deep wrote: »

I think that it is entirely relevant. Your advice flies in the face of the declared wishes of the OP, is self evident, and will, no doubt be ignored.

What was the purpose of your post?

Its a dose of reality when dealing with such a matter no matter how one dresses it up.

The *MIL* may well be stressed about something on her credit file, however that doesnt have any impact on the merits of a a set aside application or not.....

The_Deep

You may well be predicting the most likely outcome, but if she wants it done, and is not worried about the cost, does that matter?

In my opinion failure is not the only outcome, a judge may well take pity on her and grant a set aside. I certainly would be so inclined if I was that judge. He/she may not award her her costs, but that appears not to be a problem. It is the principal that matters.

First they came for the socialists ...

Snakes_Belly

BrownTrout wrote: »

I am well aware of this, lots of companies do searches for all manner of things, however a OAP is unlikely to be in the position where they need the use of a credit based product which they dont already have and are unlikely to be granted such a product in any case

That's quite an assumption. Many OAP's are now rather than buying a new car are taking out these lease arrangements with the option to buy in three years.

Snakes_Belly

@Soolin I was just using auctions as an example of where they may do a credit register search. I think that some auction houses do because once you are registered you can effectively bid for anything and once the hammer is down you are liable to pay. The auctions that I attend there is the occasional lot that reaches £80k+ although most are much less. There are many older people at the auctions because they are in the day. Salerooms also have to be very careful with money laundering as some will use it as a means to offload cash from illegal activities.

BrownTrout

Money laundering checks are not credit checks.