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CCJ without my knowledge

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  • Jenni_D
    Jenni_D Posts: 5,429 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 30 July 2021 at 8:30AM
    I wonder if whoever has processed this in the CCBC has put the wrong letters in the separate envelopes ... to Claimant and Defendant?
    Jenni x
  • Sebastian83
    Sebastian83 Posts: 90 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Redx said:
    Check with Leicester court tomorrow , see if they posted that DQ to you

    If yes , download the n180 DQ pdf , fill it in , email it to the Leicester email address and CC the lawyer ( or the claimant email address if no lawyer is being used ) , following the steps and numbered bullet points in the newbies FAQ sticky thread and the defence template thread

    In other words , make sure you do your job properly even if others don't , you are definitely the defendant

    The Leicester County Court is still not available over the phone, since March 2020. I just tried again just to double check, still the same.

    What I have done, I have filled out the N180, printed it, signed it and scanned it in. I will send it to the County Court with a scan of their letter and will point out that it seems as the wrong letter has been sent to me and ask if there is anything else I should do other than sending in the N180.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 30 July 2021 at 9:14AM
    Yes , do that and copy yourself into the same email as 2 email addresses by using the CC option for yourself so you get a copy as well as Leicester court

    Send a copy of the completed DQ n180 to the claimant too
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They send the same letter to C and D.  This is normal.  Not worded very well but normal. However it is odd that it reads as a ‘defended claim’ rather than a CCJ set aside application. 

    Now there is an important task to do in August: 

    The final Government Consultation into the level of parking charges, discounts, false ‘debt recovery add-ons’ (that no PPC actually pays)...

    ...and the Appeals Charter - that should IMHO result in full cancellations not enrich the PPCs by £20 or more because it would just encourage spurious PCNs that should never be issued...

    ... is now open!

    See separate thread:

    https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-level-of-private-parking-charges-now-open

    This forum’s regulars are encouraging email submissions with evidence and photos, letters attached to illustrate what happened to you and why you are answering the way you are.

    Please tell your family and friends to encourage colleagues who have had these spurious PCNs and claims to email their evidence to the MHCLG as shown in the Consultation and not just do the tick boxes. 

    The Government want evidence - victims must give it to them.  DON’T MISS IT.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • However it is odd that it reads as a ‘defended claim’ rather than a CCJ set aside application. 



    I found this quite odd as well. Is it possible, that they have already set my CCJ aside without telling me? 
    The last letter I received from the court was about 6 weeks ago and was the order of the court. In that letter it said my CCJ will be set aside, provided that I file my defence in time, what I have done immediately afterwards. 
    After that I haven't heard anything till this letter now arrived. However I just checked my credit file on two different websites and in both credit files it says that I don't have a judgment and also my credit score has gone up massively since last time I've checked.

    Does this mean my CCJ has been set aside already??? 

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you have filed a Defence as instructed, it seems quite reasonable to me that...
    1) the original Judgment has been set aside, and
    2) there is now a defended claim.
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please re read the order from a few weeks ago. It should clearly state if ‘the CCJ be set aside’.  If you are unclear phone the court that sent theses orders.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Please re read the order from a few weeks ago. It should clearly state if ‘the CCJ be set aside’.  If you are unclear phone the court that sent theses orders.
    That's the order I have received prior to filing my defence:

     
  • Jenni_D
    Jenni_D Posts: 5,429 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 2 August 2021 at 8:41PM
    Did you file a defence by 24th June? If yes then the judgment is set aside so the CCJ should be gone from your record.
    Jenni x
  • Jenni_D said:
    Did you file a defence by 24th June? If yes then the judgment is set aside so the CCJ should be gone from your record.
    Yes, I have filed my defence the day after receiving the order via email. 
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