CCJ setting aside

DCFC79

Link1991 wrote: »

Hi nic_c, thanks for the advice and also pointing out where I can find that information. Do you have any idea in regards to my earlier point, about the court order form not being filled in completely? It stated "this order is only valid if this section is completed" theres an initials sign off and no date filled in.

Or am I reading into that too much?

Thanks

Have you responded to reply #13 from Gary ?

Link1991

Hi Gary, apologies for not replying sooner. I hadn't changed address whilst paying it off.

Link1991

I have now

[Deleted User]

If you changed address then you should have informed all your creditors that you moved.

I find it hard to believe that no information was sent out to you by post.

sourcrates

A set aside application will only be successful if you meet certain criteria, and, you have a defence with a reasonable chance of success.

Not receiving the claim form can be a reason to grant a set aside, you are not expected to update your address details with all and sundry, the company taking you to court is expected to do due diligence, however they are only required to send papers to your “last known address”, which is why there are so many default judgements.

You still need a defence though, and as you don’t deny owing the debt, you would be wasting your time, and your money, taking this any further.

LordSmug

sourcrates wrote: »

A set aside application will only be successful if you meet certain criteria, and, you have a defence with a reasonable chance of success.

Not receiving the claim form can be a reason to grant a set aside, you are not expected to update your address details with all and sundry, the company taking you to court is expected to do due diligence, however they are only required to send papers to your “last known address”, which is why there are so many default judgements.

You still need a defence though, and as you don’t deny owing the debt, you would be wasting your time, and your money, taking this any further.

As I mentioned earlier, the OP could appeal the court judgement.

Especially, if I understand the OP correctly, the court judgement:
(a) includes legal costs (unless specifically stated as to why)
(b) the judgemeent is greater than the sum claimed (unless agreed by the claimant and specifically stated why)

I think both exceptions to the above are highly unlikely, if as I understand this, it is a default judgement.

holland98

Hi Everyone,

Seeking some advice.

I ran a credit check last night and found that I had a |CCJ, from this report I contacted the county court judgement line and was told that the value of the fine was £291 against the address I lived in and moved from in September of last year and I had defaulted on payment, hence this being launched as a CCJ by the collectors.

They gave me the details for the civil enforcement company who was issuing the fine.

Upon speaking to the civil enforcement company they told me that the notice had been issued to my previous address and that they had got the details from DVLA- I moved from this address at the end of september 2018,changing my v5C during this time. The issue date for the fine I am told (although I havent seen anything) was around july this year. After explaining what the fine was for and that they had passed it on to the county court following non payment they then offered me a price to clear the debt of £191 and advised me they would send out a Draft consent order which could help me apply to remove the ccj.

I explained that I would like to request a copy of the evidence and of the original penalty charge notice, they refused saying I could only request this by post.

I would like to know if there is any way for me to find out the following:

1. have sight of the original fine, sent to me by email evidence of the contravention and original notice charge as to date I havent seen anything, obviously as this was sent to the wrong address or is it just good old back to the dark ages post system which will take time and potentially mean that the ccj gets upgraded to a higher fine during this time period

2. Am I within a chance of having the original notice being reset to square one and pay the original fine.

3. do I need to pay the council enforcement company off to then be able to request the setting aside and does that then also mean a further payment of £255 on top

4. is there any other way around this, can this be agreed with myself and the issuing body rather than the court?

Sadly I did not have a redirect although it looks like the actual notice was raised 9-10 months following the date I moved into my new property (July this year) so would have pretty much been useless.

Any help would be greatly appreciated as I'm in a bit of a tizz with this situation and do not know what the best thing to do , ultimately paying the fine is not an issue if I was in the wrong but the ccj lasting on my file certainly is and this needs resolving in the most efficient manner possible.

Thanks,
Andy H

LordSmug

holland98 wrote: »

Hi Everyone,

Seeking some advice.

I ran a credit check last night and found that I had a |CCJ, from this report I contacted the county court judgement line and was told that the value of the fine was £291 against the address I lived in and moved from in September of last year and I had defaulted on payment, hence this being launched as a CCJ by the collectors.

They gave me the details for the civil enforcement company who was issuing the fine.

Upon speaking to the civil enforcement company they told me that the notice had been issued to my previous address and that they had got the details from DVLA- I moved from this address at the end of september 2018,changing my v5C during this time. The issue date for the fine I am told (although I havent seen anything) was around july this year. After explaining what the fine was for and that they had passed it on to the county court following non payment they then offered me a price to clear the debt of £191 and advised me they would send out a Draft consent order which could help me apply to remove the ccj.

I explained that I would like to request a copy of the evidence and of the original penalty charge notice, they refused saying I could only request this by post.

I would like to know if there is any way for me to find out the following:

1. have sight of the original fine, sent to me by email evidence of the contravention and original notice charge as to date I havent seen anything, obviously as this was sent to the wrong address or is it just good old back to the dark ages post system which will take time and potentially mean that the ccj gets upgraded to a higher fine during this time period

2. Am I within a chance of having the original notice being reset to square one and pay the original fine.

3. do I need to pay the council enforcement company off to then be able to request the setting aside and does that then also mean a further payment of £255 on top

4. is there any other way around this, can this be agreed with myself and the issuing body rather than the court?

Sadly I did not have a redirect although it looks like the actual notice was raised 9-10 months following the date I moved into my new property (July this year) so would have pretty much been useless.

Any help would be greatly appreciated as I'm in a bit of a tizz with this situation and do not know what the best thing to do , ultimately paying the fine is not an issue if I was in the wrong but the ccj lasting on my file certainly is and this needs resolving in the most efficient manner possible.

Thanks,
Andy H

If only MSE had a parking board... :cool:

I know I shouldn't really, but sometimes I just can't help myself ...

You would have been sent an invoice a long time before this matter got to court.
Why didn't you pay it? Or at least respond to it?

Did you advise the court of your change of address??

Because the claim would have been issued at least a couple of weeks, perhaps a lot longer, before the judgement was issued.

PixelPound

Link1991 wrote: »

Hi nic_c, thanks for the advice and also pointing out where I can find that information. Do you have any idea in regards to my earlier point, about the court order form not being filled in completely? It stated "this order is only valid if this section is completed" theres an initials sign off and no date filled in.

Or am I reading into that too much?

Thanks

If it a default CCJ probably sent out by CCBC that are often done in bulk and its a clerk processing them. If you try and set aside for that the judge will strike it out - you get people appealing because forms did not have a valid stamped seal (wax???) or wet ink signature and just a photocopied sheet. You really need a valid reason for a set aside rather than a technicality - a judge won't appreciate their time wasted from trying to game the system.

PixelPound

LordSmug wrote: »

As I mentioned earlier, the OP could appeal the court judgement.

Especially, if I understand the OP correctly, the court judgement:
(a) includes legal costs (unless specifically stated as to why)
(b) the judgemeent is greater than the sum claimed (unless agreed by the claimant and specifically stated why)

I think both exceptions to the above are highly unlikely, if as I understand this, it is a default judgement.

No point in "appealing" if the substantive of a set aside is either (a) as legal costs can be included in the claims form, they are fixed and set out by civil procedure rules. Cases in the small claims don't award legal costs as an outcome in a hearing but the claimant is allowed to have them on the claim form to cover cost of engaging a solicitor, but they are fixed.
or (b) the amount asked is higher. The court charge to issue the judgement, just like they charge if it is defended and goes to a hearing - all recoverable from the defendant. So in this case, if it is a default judgement, you get the amount claimed and then the judgement fee added on.