VCS Letter Before Claim - EDIT - I WON!!

JACK24

I know, I know - I've just been too busy and too much mail that I can't keep on top of things!!!
Does this mean I have a CCJ for 6 years (unless there's mitigating circs?) How will this affect me - will I get credit cards/less likely? Mortgages?
 If you advise not to pay it off immediately, how/when should I pay? 

nosferatu1001

Yes you have a ccj
yes it stays for 6 years, even if paid off 
you are not going to get a mortgage at all, or your rate will be through the roof 
your only option is a SET ASIDE as I've already told you.  C-M is just wanting you to give us ANY good reason why you ignored your post for months. Because if you don't your only possible route is an uncontested set aside which costs you £100 PLUS you will be paying the claimant in full, all at once. 

JACK24

My wife is a high risk to Covid19 - diabetic & Asthmatic. I've been very busy/staying away from the house for 2-3 weeks whilst working, hence not opening the mail. If I apply for a set-aside - would this work? What's my chances of a succesful case? I'd be willing to pay it in full & £100 to get rid of the CCJ, or should I use a legal firm(£500 fixed fee) to do the same? How difficult is it to get a set aside and the CCJ cancelled?

nosferatu1001

Have you read through the process, detailed in the newbies thread?

if it's only two weeks you could have opened post. The court will not accept that as a reason to avoid the ccj and reopen the claim. If suggest you contact the ppc about a with consent option. Of course, given this is covered on hundreds of threads, do this AFTER reading them so we're not repeating ourselves. 

Coupon-mad

It's pretty easy to get a parking CCJ set aside in our experience and what you have just explained, is good grounds IMHO, for getting the CCJ set aside as there is 'any other good reason' why the claim form was not responded to in March.

JACK24

Thanks CM and nosferatu for your replies - I've read through the newbies section again and am worried that there isn't a similar case to mine and also what are my chances of successfully getting a set-aside myself? 
From what I understand I'd have to apply for consent from the Parking companies legal firm(what if they don't consent?)
Then apply to the courts for a set aside and pay a fee of £100.
Would you advise me using a law firm to do this for me? What is a reasonable fee for this?
OR is this easy enough to do myself (and to be succesful - given my circumstances)? As somebody who isn't a law expert this is new territory and a little very  scary!
THANKS

D_P_Dance

If they do not consent you either pay, ignore or fight.  the newbies contains full guidance on how. to proceed.

My solicitor charges over  £200 an hour.  He has not gone bust so this would appear to be reasonable.  

nosferatu1001

Ignoring court papers has been seen before. 

No need for a legal firm - you've seen the dozens of people who've done a set aside by the self yes?

You have a choice to make, and make quickly
- get the ppc agreement on a consent order, that you file with the court. It's definitely going to cost you £100 and as you have no leverage, the full amount of the ccj to the claiamnt

or
- try for a CINTESTED set aside citing the current situation as the reason you could not open your post and so missed the court papers. 

Coupon-mad

Would you advise me using a law firm to do this for me?

No. 
Absolutely no need, it's just filling in a form & reading loads of posts by @henrik777 to see what to do.

What is a reasonable fee for this?

Nothing because you can't reclaim it and any cost to you would be disproportionate and on top of the court fee (ouch!).

OR is this easy enough to do myself

 Yep, if you click on the link above to henrik's forum profile, you can read his 'replies' and see how many people are easily managing this, once he points them in the right direction - and they pretty much all succeed...

(and to be succesful - given my circumstances)? 
 I've read through the newbies section again and am worried that there isn't a similar case to mine 

How are you expecting to see any case like your circumstances?!

Your reason for not seeing/defending the claim form in time, was family illness, then the pandemic self isolation/not being at that address, wasn't it?  No-one has yet blazed that trail to get a set aside but it may well meet the criteria for 'any other good reason' to set the CCJ aside and rewind the case to be defended by you (as you really really really should have done all along!).

henrik777

nosferatu1001 said:

Ignoring court papers has been seen before. 

No need for a legal firm - you've seen the dozens of people who've done a set aside by the self yes?

You have a choice to make, and make quickly
- get the ppc agreement on a consent order, that you file with the court. It's definitely going to cost you £100 and as you have no leverage, the full amount of the ccj to the claiamnt

or
- try for a CINTESTED set aside citing the current situation as the reason you could not open your post and so missed the court papers. 

Trouble with a contested set aside is that the PPC has procedurally not done anything wrong in gaining judgment. This makes it unlikely the defendant will get the £255 fee awarded as costs. Whilst it is still a route worth taking if a credit rating is important it's far better to take the first option if the claimant agrees.