CCJ - Help I delayed to apply to set aside

ssemog

Hello, I've read plenty of posts in this forum, really helpful, I wish I had read them before. Because I didn't , I'm now in a peculiar situation and would really appreciate your advice.

So I found out about a CCJ in May by checking my Credit Score, It was due to a fine and all correspondence had been sent to a previous address. I've seen posts here regarding very similar situations and their applications for the judgement to be set a side. The problem is that I did not apply promptly for set aside and got in touch with the solicitors back in May who then sent me via email all past correspondence. Now, I've Received a Notice of Issue of warrant of Control informing me that Bailifs will call unless I pay. I could really use some advice. Here is a rough timeline of events:



-August 2016: I moved from Cardiff to Surrey
* I did not update the V5 nor my drivers license address when I moved. I did update my banks, HMRC, Child Benefit, doctor's, Council tax etc
- 19/03/2017: date of the fine
- 25/04/2017: Letter from Trethowans to old address (sent to me on the 21st May 2019 via email after I found out about the CCJ)
* states the 14 day period from the fine had ended, now a full amount of £50 is due, if not received within 14 days court proceedings will be initiated
- End July 2017 - I scrapped the car which he fine relates to (didn't pass the mot, couldn't afford to fix it, have not owned any car since)
- 04/10/2018: I updated my drivers license address with DVLA
- 19/03/2019: County Court Judgment issued for £164

- 21st May 2019: I check my Credit score - had an email stating it had changed - it had gone from excellent to poor!!! I Notice a CCJ from County Court Money claims Centre (CCMCC), date:19/03/2019, amount £164

- 21st May 2019:Called CCMCC, find out Claimant was Oxford University Hospitals NHS trust, solicitors Trethowans LLp

- 21st May 2019 : Called Trethowans ( after reading the forums I now know I shouldn't have!)
*It's regarding a parking Fine of £25 for parking on a pay and display car park without a ticket - dated 23/03/2017
* The solicitor gets my email and updated address and I ask her to send me all the correspondence as I don't remember receiving a fine and had received no correspondence
* They now ask me for a total of £277 for added bailif cost


- 21st May 2019: Solicitor sends me via email:
* photographic evidence of the car parked with a fine on the wind screen
* the fine notice (yellow paper)
* A letter dated 25/04/2017 asking for the ammount of £50 to be paid
* a court claim form without issue date or Claim nr
* The Court Judgement dated 19th March 2019
Everything had been sent to my old address


I was completely shocked. I was a trainee at Oxford Hospitals for 3 months. I commuted mostly by train, I only remember driving a couple of times and my friend driving me in my car another couple of times because I was extremely tired (I'm a single mum of 3 and was commuting 5h per day during those 3 months). I do not remember any fine. I don't know if my friend got a fine and well intentionally hid it. The place is not particularly well signed either. I had a look at google earth and there is a big sign facing the entrance of the hospital (if you walk out of the door you can see it), but you can drive to the car park, park and walk from the car to the hospital without seeing any signs. It seemed extremely unfair to have to pay £277 for a fine I don't remember, did not hear about, for which a court hearing took place without my knowledge and now has put me on a position of not being able to take any loans, move house, etc.

The lady from CCMCC who answered my call told me I could apply for the judgement to be set aside but it costed £255. I could not afford it and have been delaying it until I could. It sounds stupid now but I have also been having an extremely busy time finishing a training programme as my contract renewal in work was dependent on it. I have 3 children and since May have had professional examinations and MSC dissertation deadline and had to finish a training portfolio.

- 01/06/2019 :Current tenant of my old cardiff property finds me on Facebook and sends me a message:

"Hi ---,

There are a few

---

’ on Facebook but you’re listed as studying in Cardiff so I’m guessing you’re the person I’m looking for. I hadn’t thought to try social media before now.

I live at an address you’re listed as having lived at in Cardiff (---- st). We’ve had mail for you in the past which was never opened but a few weeks back, a hand-posted letter came through the door from a bailiff of the county court on behalf of HM Courts and Tribunals Service which I opened, thinking it was to do with the electoral register at the property. There’s a warrant and case number attached and the claimant is Oxford University Hospitals NHS Trust, who say you owe them £277.12. No-one was home when the letter arrived so I haven’t had a chance to talk to the officer. There was a bailiff here maybe 18 months ago but after telling them you no longer live at this address, they reasonably moved on. I thought that’d be the end of it but we’re obviously not dealing with the most intelligent people here, since it took me all of a few seconds to find this account.

Let me know if there’s anything I can do to help here. There are 4 of us at the property and we’d rather not have a bailiff come around again.

Kind regards,

"
To note : that A bailif had been in before and told I no longer lived there - I'm not aware of any other unpaid debts so I assume it was because of the fine - If proen correct - they knew I did not live there


-10/06/2019: solicitor chases me up via email saying if the amount is not paid in full, further enforcing proceedings will take place

-25/06/2019: I reply:
Dear Fran,
Apologies, I meant to be in touch before, but my children and I turned ill and life has been quite busy.

To be honest this feels quite unfair. Not just because I don't remember the fine nor if I was driving and that the place is not well signed but mainly because I feel you did not take due diligence to find my new address. The current residents of the house have recently been in touch with me because they received a packet for me in the mail (they found me via social media!). They told me that they had told the bailiffs - approximately 1 year ago - that I did not reside at the property anymore. And still you decided to apply to court knowing well that I would not have received any correspondence and would not be aware of the court proceedings?

Due to the amount of time that elapsed from the date of the fine to your claim in court, I don't think it is reasonable for you to rely on a letter to an old address. Specially because I had not replied to any correspondence and the fact that the current residents informed you that I was no longer living there. It is hard for me to understand why you did not attempt to acquire my current address via for example a credit reference agency and how the current residents could find me so easily but you couldn't.

I had an excellent credit score but now because of a £25 fine and your failure to take due diligence to find my current address, I am now in a situation where my credit score as been damaged to the point that I cannot rent and me and my 3 children are in risk of being homeless.

I intend to apply to court to get the ccj set aside tomorrow as it is when I get paid and am able to pay the fees to do so.

Regards,

- 26/06/2019: I get a reply from the solicitor:


Dear Madam,



Re: Oxford University Hospitals NHS Trust

Claim No:



Thank you for your email.



When our client issues a Breach of Contract Notice they do not have contact details for the driver of the vehicle. We are therefore instructed to request the details of the registered keeper from the DVLA for the date the Notice was issued. The results of the search provided the contact details of yourself at (cardiff address)


As no response was received to our letters, and nor were they returned as undelivered, court proceedings were issued to the same address. No response was received to the claim form, therefore a County Court Judgment was obtained and Enforcement action was taken to recover the debt.



Whilst it is not our position to provide you with legal advice, we can confirm that we are satisfied that we have complied with the Civil Procedure Rules (“CPR”) pertaining to service. Rule 6.9 of the CPR states that a Claimant should serve the Claim Form at the usual or last know residence of the Defendant. Given that we did not receive any indication that you were no longer residing at ----, we consider that the Claim Form was served at your last known residence. We recommend that you seek independent legal advice should you disagree with this position.



The first indication that you were no longer residing at the address came on 21/05/2019, when you contacted us by telephone.



Accordingly, it is our client’s position that they have complied with the CPR and the judgment is valid. We therefore invite you to remit the sum of £277.12 within 7 days of the date of this email, failing which we will have no option but to resume enforcement proceedings.



We trust, however, that further action will not be necessary and we look forward to receiving your payment.


- Yesterday I open a letter I had missed dated of the 13/09/2019
* It's a Notice of issue of Warrant of Control Stating if the debt is not paid until the 26/09/2019, a Bailif will call and remove goods for sale at public auction


Do I still Apply for the set aside based or not having a chance to defend myself because correspondence was sent to the wrong address (I did not update DL or V5 promptly though). And based that I was probably not the driver - I honestly cannot remember that time much due to the exhausting 5h daily commute) and that the place is not well signed.

- My main goal here is to get the CCJ removed from my credit report, I'm really tight in money at the moment though and paying the £255 will be really tricky so I'm thinking if my delay in applying to set aside will mean the court will dismiss it and then I lost the £255 and will still have to pay the £277.

Your advice is super appreciated and welcome.

Thank you!

twhitehousescat

interesting situation with both hospitals and tregs

although you had not updated your v5 , did the hospital issue you with any sort of permit and did they know your correct address

ssemog

thanks for your reply!
No, I had no parking permit, I mostly commuted by train. I'm employed by a different hospital in Surrey was there only for a 3 month training placement. Although my supervisor there knew my address, I'm guessing that who ever deals with the parking fines would have no way to link the car to me.

The_Deep

To be honest this feels quite unfair.

It happens all the time, and will continue to happen until legislation promised by Mrs May last year is put in place.

You had the opportunity last May to sort it out, but chose not to. That, and your failure to update your address with the DVLA, is why you are now in the situation you are in. IMO you may/will have difficulty in persuading a judge to grant a set aside.

AFAICS, you have four choices

Pay the CCJ and have your credit rating trashed for six years

Ask the PPC for a by consent set aside, possible cost about £380 no CCJ

Try for a without consent set aside. Costs £0.00 - £520, result cannot be guaranteed.

Do nothing

ssemog

Thanks for your reply.
Yes, I agree that I should have updated the DVLA and acted promptly in May, it's definitely a big lesson. Life does get overwhelming sometimes though.

Although I feel it's unfair and would morally like to apply to court, after reading your message I do think a set aside by consent is a safer option.

If they deny it, though, will I be in a worsse position for a without consent set aside because I was ready to pay it?

I found the following Draft order of set aside by consent and edited it. Can I have your opinion please? I'm thinking of emailing Trethowans and say something like:

"Dear Madam,
Re: Request to Set aside by consent
Oxford University Hospitals NHS Trust
Claim No:

---

Although I find unfair that I had no opportunity to contest the £25 fine issued in 23/03/2017 because I was never aware of it and all the correspondence was sent to an old address, I'm prepared to pay the full costs of £277 if your client agrees to set aside the judgement by consent and you sign the Draft Order in attachment.
I believe this is an agreement that benefits both parties.

I look forward to hearing from you.

Yours sincerely,

---

"


UPON the parties having agreed terms of settlement

BY CONSENT IT IS ORDERED THAT:

(1) Judgment dated and issued 19th March 2019 be set aside.

(2) All further proceedings in this action be stayed upon the terms set out in the Schedule, except for the purpose of enforcing those terms.

(3) Each party shall have permission to apply to the Court to enforce those terms without the need to bring a new claim.

(4) There shall be no order as to costs.



SCHEDULE

1. The Defendant pay to the Claimant the sum of £277.00 in full and final settlement of all claims arising from the subject matter of the claim.

2. The Defendant to pay the Agreed Sum within 14 days of this order.