Just discovered CCJ issued to me when between houses

D_P_Dance

s it worth it from a purely money perspective ?

But there are far more important things than saving a few quid imo.

allstar33

Already past the 30 days yes. I missed that window by a week when I'd picked up my post.

So the total I now owe is around £330 (the original parking fine plus all the extra fees), and that is what I would need to pay to have this "satisfied".

If it gets set aside, surely there is benefit as I would not have a satisfied CCJ on my record, potentially. But the risk you're saying is, is it isn't set aside, and then I've  wasted that, plus the £330 to satisfy it which ultimately I would need to do for my credit rating, if set aside wasn't successful.  

Apologies for misunderstanding you Henrik777. Thanks again both.

henrik777

It's a pretty small risk.

I don't think i'd want "satisfied". I'm not familiar with your personal circumstances but many people will have a hidden cost of that. For some it's increased credit costs, others not getting credit and some who'd lose their jobs as a ccj is a no no.

Le_Kirk

allstar33 said:

Already past the 30 days yes. I missed that window by a week when I'd picked up my post.

So the total I now owe is around £330 (the original parking fine plus all the extra fees), and that is what I would need to pay to have this "satisfied".

If it gets set aside, surely there is benefit as I would not have a satisfied CCJ on my record, potentially. But the risk you're saying is, is it isn't set aside, and then I've  wasted that, plus the £330 to satisfy it which ultimately I would need to do for my credit rating, if set aside wasn't successful.  

Apologies for misunderstanding you Henrik777. Thanks again both.

If you apply for a set-aside at £255 and you win at the hearing, you should then get a chance to defend the original £330.  You do NOT pay the £330 before applying for set-aside.

Coupon-mad

Be clear that most people who have CCJs here, not only see them set aside but they pay NOTHING because most now get the £255 back and no-one pays the parking charge claim unless they subsequently lose (and it would be less than the CCJ and is highly unlikely).

As you are past the 30 days, I say crack on with the plan and read posts by @henrik777 by clicking on his username and reading shedloads of his answers, going back months.  You will learn most from him, including the recommendation to ask the scammers if they will consent, first, but NOT delaying the application too long.

allstar33

@Coupon-mad  @henrik777
I've done exactly what you have so far advised not to do. I have really had my head in the sand with this - I've not known what
to do, and found myself overwhelmed with it. So it's been causing me heaps of stress in the background but I've not progressed this. I know I know, I've risked my ability to fight this. I've had various sessions, hours and hours long, reading these forums, but again, not quite being sure between the options I just haven't taken action. You are well within your right to say how silly I've been for leaving this, but if you can provide some help to finally decide what to do I would really appreciate it.

The options seem to be:
a) Pay the outstanding amount. Easiest, but risks my remortgage maybe. But really would it? I have some savings so don't expect to need additional non-mortgage credit, and it would be satisfied. But it makes my blood boil that they would get their money for such an unreasonable fine
b) Apply for Set Aside with Consent to OPS, but sounds like from these forums that they don't generally agree (assume costs are then £100 plus the £310 I owe, plus additional random costs they can charge?)
c) Apply for Set Aside without Consent, with hope that judges discretion that I didn't receive the forms and can prove the reason (although it was my registered address), and my chance of fighting it being it was in 15 minute period of grace 

Is my understanding correct? Part of me wants an easily life, the other wants to fight it.
Does it not stand against me that essentially I did ignore lots of letters? Yes I missed all the court letters with such unlucky timing, but I did receive previous letters. I assume given it was my official address still, it would be the discretionary route the judge would have to take.

Something I don't get, what is the motivation for claimants to set aside with consent? If I threaten Set aside without consent if we don't come to agreement, won't they know that if I really had a strong enough case, I would just do that? Or don't they also know that I am likely to pay it at some point due to my credit rating, so why bother? Or is the security of full payment enough of a bargaining chip?

allstar33

Thank you for any help you can give 

Coupon-mad

Pay the outstanding amount. Easiest, but risks my remortgage maybe. But really would it?

Dunno, ask a mortgage lender or broker how bad a satisfied CCJ is and what difference it will make.