Help Much Appreciated - CCJ + 2 Claim forms with are past deadline but no judgement entered yet

pirapira

Hi Good Afternoon All,

I've read as much of the newbies thread as i possibly could, but im still a little confused and need someone to point a direction in the right path.

Quick Info:

I've moved home 2 times in a space of a year 2019-2020...

* Address 1 - birth to Jan 19

* Address 2 - Jan 19 - May 19

* Address 3 - May 19  - present 2020 

I've recently collected a load of my letters from old addresses and unfortunately amongst these were 2x courtclaims and x1 CCJ entered on my credit file:

1. 2 Claim forms dated 31 Dec 2019 from BW legal on behalf of their client: Napier Carpark Ltd. These were served and sent to address #2, despite me having moved to address 3 in May 19. I was therefore unable to respond within the specified timeframes as I only checked my old address for letters in Feb 2020. I contacted Northampton Court and was told no judgement has been made yet and they advised me to send off a reply immediately. But the address is incorrect as its address 2.

2. Received - CCJ Dated Nov 19 default - From Ukcarparkmanagement which was sent to address #1, despite the fact I moved out of address #1 almost a year earlier in Jan 19. Again, I was therefore unable to respond in time as I did not receive the notice at my correct address. As a result, I now have a CCJ logged against me and I only happened to notice this week when I checked my credit report after all the letters(992 down to 651!).

In all of the above situations, i was denied the opportunity to respond/appeal/acknowledge the claims due to the companies failing to send to my correct address. Which may of been my fault.

Situation:

1. I have X2 pending claims from BW Legal with reply deadlines that have passed but no decision has been made yet according to courts.

2. X1 CCJ now recorded against my name.

I essentially would like the fines to return to stage one and be given the opportunity to appeal. I certainly don’t want to be required to pay the additional charges on top and equally i do not want any mark left on my credit record.

Questions:

1. What are the best steps would i need to take to successfully deal with the x2 claims from bw legal?

2. What are the steps i would need to take to successfully appeal and remove the x1 CCJ to be set aside?

3. How best do I approach setting aside CCJ based on the facts i've provided?

4. Would i need to request a SAR to any of these claimants or is it too late on  in the process?

From what i've understood i need to register with the MCOL, start my own thread and write up a defence based on bargepoles template. But im confused as to what do to next, i have also familiarised myself with the acronyms for this forum from the newbies thread. Any assistance to help kindly point us in the right direction so that we can understand which steps needed in order to deal with the x2 claim forms and x 1 CCJ based on my specific situation would be greatly appreciated. 

Thank you for taking your time to read and hopefully for helping me find the best way to deal with this matter.

Kind Regards

Pira

Redx

A SAR can be emailed anytime , add one of the court claims or a copy of your V5C as proof of I D under the GDPR law to the emails, one per company

The CCJ can be set aside (hopefully) if you fill a form in and pay £255 to get it set aside , then you fight that court claim , no chance of appealing or resetting it back to appeal stage

The 2 court claims can have the AOS done , plus email each defence , then defend both claims as usual , as court claims

None of them can be put back to any appeal stage , the onus is on you to change your address on the V5C each and every time , plus the DVLA can issue a proper fine of up to £1000 for every failure to do so

Your defence template is last week's updated one by coupon mad

See the newbies FAQ sticky thread post 2 near the top of the forum for further information

KeithP

 2 Claim forms dated 31 Dec 2019...

Don't bother fiddling about with filing an Acknowledgment of Service with these. 

It buys you nothing.

Your only hope with these two claims is to file a Defence before the Claimant seeks a Default Judgment. 

You are now in a race. If you file a Defence before the Claimant seeks a Default Judgment, then you go through to the next round.

If the Claimant gets a Default Judgment before you file a Defence, then it is game over.

Coupon-mad

For the claim that has not yet got a CCJ recorded, adapt this, change the red bits and email it to the CCBC immediately:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs

You CAN use that one even though you might know very little about the claim/PCN.  DO IT NOW...NOW!

Re the one that has a CCJ already, that can be attended to later this week - read the NEWBIES thread about set aside stage and check if you are eligible for help with fees, otherwise the court fee is £100 if the PPC consents to your set aside or £255 if they don't and you have to pay for a hearing.  All covered in the NEWBIES thread.

Do the defence for the NON-CCJ one asap - and no need to show is the draft - you have no time!  Use the template, download it and change the red bits and sign & date it once you are happy with it, and get it emailed to the CCBC in the morning.

pirapira

Hi thanks for your replies, greatly appreciated.
I have filled in the form, is it possible for me to add the two claim numbers in the top left of the defence/template (they are from the same PPC) or is it one claim number to each of defence ?

Also regarding global sum amount part in red on the template.
Do i put here total amount (£245) including court fee and legal rep costs, or do i just put the amount claimed £170

Thanks Again Guys

KeithP

I have filled in the form...

What form?

You have found the thread that describes what a Defence should look like.

The second post on that thread tells you how to file your Defence - by email. Do it tonight.

It looks like you need to file two Defences - one for each of the claims that you do not have a default judgment against. 

You need to file two separate Defences - one for each outstanding claim.

pirapira

The form that coupon mad requested me to fill out in the link of his reply and send asap to ccbc.
It's a defence template.
Is this ok?
Thanks for replies.

KeithP

CM said nothing about filling in any forms.

She'll be along in a moment to set you right. 

pirapira

Coupon-mad said:

For the claim that has not yet got a CCJ recorded, adapt this, change the red bits and email it to the CCBC immediately:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs

You CAN use that one even though you might know very little about the claim/PCN.  DO IT NOW...NOW!

Wow coupon-mad is a woman? I love intelligent woman i don't know why i assumed she was a male.
And to your reply Keithp, i must've gotten it confused but to me she asks me use the template in the link where there is another link with a dropbox and change template with the the red bits and email it to CCBC no or?
I must be really going mad. Hehe
Pira

KeithP

...and email it to CCBC no or?

Yes, email it to the CCBC as described in the post I provided a link for.

You really really must get those emails, one for each defence, sent before 8am tomorrow.

The longer you leave it the greater the risk of you getting yet another two Default Judgments against you.

Coupon-mad

Yes I am a woman - and no, a defence is not a 'form', which is all we were saying.   We don't want anyone filling in the paper forms that come with the claims.

Email twice, once per claim, changing the claim number at the top and the subject line of the email, of course.