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(Yet another) DCBL Letter - I've dropped a clanger. What are my choices?

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Comments

  • bobsy31
    bobsy31 Posts: 73 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Ralph-y said:

    Your choice  will be limited unless others suggest....

    If you are planing any mortgage / loan / new phones in the next 6 years , then the CCJ will be an issue

    I am now realising as much - best to pay it I guess and learn a rather harsh lesson.

    Smaller loans/new phones I had no intention of. As for the mortgage, it means I can't remortgage to find a better a deal then? Even if there is less than a third of the value of the property left to pay?
  • Half_way
    Half_way Posts: 7,516 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 May 2020 at 9:49AM
    I have got some sympathy for those that ignore everything, including court papers (which can appear just like the rest of the ppc blizzard of crap)
    Outside of MSE land (and pepipoo and CAG etc) the ignore message is very strong.

    However, the original poster has realised their mistake, and hopefully will be able to get it resolved, reading the opening post, it would appear the hotel has some liability in all of this, they said they would sort it, giving the original poster some grounds/excuse the the ignore stance, plus the parking company are acting for and on behalf of the hotel  (as agents )  so the hotel will also have some liability there
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Umkomaas
    Umkomaas Posts: 43,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 May 2020 at 10:20AM
    bobsy31 said:
    Ralph-y said:

    Your choice  will be limited unless others suggest....

    If you are planing any mortgage / loan / new phones in the next 6 years , then the CCJ will be an issue

    I am now realising as much - best to pay it I guess and learn a rather harsh lesson.

    Smaller loans/new phones I had no intention of. As for the mortgage, it means I can't remortgage to find a better a deal then? Even if there is less than a third of the value of the property left to pay?
    If the court deadline for making the payment has passed, what are you hoping to achieve by paying now?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Half_way
    Half_way Posts: 7,516 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    of you pay it now the only thing you will achieve is to drop every single clanger, your credit record will be irrevocably trashed for 6 years
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Ralph-y
    Ralph-y Posts: 4,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    "I am now realising as much - best to pay it I guess and learn a rather harsh lesson."

    No ... No and No. that is a daft idea ... as people have posted all that does is to make the PPC happy !

    "Smaller loans/new phones I had no intention of. As for the mortgage, it means I can't remortgage to find a better a deal then? Even if there is less than a third of the value of the property left to pay? "

    that will depend on circumstances ..... but it will make it dearer/worse/harder.

    The only way to remove said CCJ is with a set aside, have you re read Redx post?  he listed the two methods.....

    you have been unlucky ... the murky world of private parking is an easy one to fall into .... It is that bad that parliament passed legislation a good while back ... but have not had time to fully implement the workings... can't think why

    Ralph B)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 May 2020 at 11:02AM
    Paying it will not alter your credit rating, a set aside is required for that to happen

    Ignoring signs is foolish but happens a lot

    Ignoring PCN,s is one topic that attracts debate , but can be understandable , but ideally you should always challenge a PCN at least once near the beginning

    To ignore official court papers is very foolish and caused this CCJ and credit issues , no matter what the reason for the court case, this should have been paid within 30 days , but was ignored as well

    Getting out of it is by a set aside , with consent seems to me to be your only option due to tunnel vision up to this point , by sticking your obstinate head in the sand you have allowed the crocodile to bite into your leg , losing a leg is preferable to losing your life , but it may cost you an arm as well as the leg

    Look in the mirror , that person you see is to blame for your current predicament

    If done properly , you might get your credit rating restored , but at the moment you seem intent on a hat trick of foolishness by paying it , in the forlorn hope that it will come right in the end , it won't

    The ignore everything has caused you this angst , not just the signs , but also the PCN , the reminders , the LBC , the MCOL court claim , the judgment , everything until now where you are a candidate for the t v programme

    A set aside with consent where you pay all the bills and fees is the only option I can see to restore your credit rating
  • Le_Kirk
    Le_Kirk Posts: 24,865 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Redx said:
    Getting out of it is by a set aside , with consent seems to me to be your only option due to tunnel vision up to this point , by sticking your obstinate head in the sand you have allowed the crocodile to bite into your leg , losing a leg is preferable to losing your life , but it may cost you an arm as well as the leg

    Does this mean "I won't have a leg to stand on" or "only one leg to stand on" to use a well worn and hated (on here at least) cliche!
  • bobsy31
    bobsy31 Posts: 73 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Redx, Ralph-y, half_way, umkomaas - thank you all for contributing

    All points taken on board, even the ones that don't put me in good light as a result of my inactions.
    Some actual actions:
    - Not to acknowledge the debt recovery company
     - Go down the set aside with consent route. Assuming the process is on one of the sticky notes.
    - Accept both the cost of set aside, and the payment of the fine itself, so in the region 400-500 pounds combined.
    - Any advice on how to improve my chances on set aside? 
    I have also taken this from the StepChange website, citing the form, and the cost. I presume this is correct? 

    If you want to apply to set aside a CCJ, you’ll need to fill out an N244 form (pdf). If you’re unsure about how to fill out the application form, you can use these N244 guidance notes (pdf) to help.

  • Half_way
    Half_way Posts: 7,516 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    have you contacted the hotel?
    that step is important as if you say the right thing it could be a huge help to you.
    your eventual aim should be that as result of this episode you lose nothing, and gain knowledge to fight back and help others
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    You presume it's correct for a £255 contested set aside

    I recommended a £100 with consent set aside , because I cannot see what legal arguments you can use to a judge , the usual arguments are that it went to an old address and they did not trace you , or similar , but ignoring court papers is not a reason for a set aside , plus you would have to convince a judge that you have reasonable grounds to defend the original case , which is difficult in Parking Eye cases

    This is not a legal aid forum , it's a consumer advice forum , so you are lucky that we have previous experience on this topic due to other victims posting over the years

    I believe that the £255 route is doomed to failure and a waste of £255 as well , hence why I recommended the £100 route

    You must do what you think will achieve success and clear your credit rating , which has nothing to do with parking , that ship sailed long ago. Your predicament is due to ignoring court papers and ignoring the court judgment afaik
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