CCJ old address for PCN's Partner received-need set aside & removed from credit file ASAP

Umkomaas

are they still accepting everything via email? and are they still doing telephone hearings? do I tick just that option or the hearing as well? 

Nothing has changed on that Covid-related adjustment at the moment (Covid may even change the way things are done in future), but still, I'd tick both, see what comes out in the wash. 

I have read mixed things on forums where it says as court hearing has already taken place at Northampton court have to serve papers there, but have also read you can do it at your local court house? 

If this was a judgment in default, then the judgment is an automated computer decision made at the County Court Business Centre in Northampton, a civil service administration centre, known as the Northampton County Court Business Centre, which always confuses people that it is an actual county court. It would be much better titled 'CCBC - Northampton'. 

IrishAK

Umkomaas said:

If this was a judgment in default, then the judgment is an automated computer decision made at the County Court Business Centre in Northampton, a civil service administration centre, known as the Northampton County Court Business Centre, which always confuses people that it is an actual county court. It would be much better titled 'CCBC - Northampton'. 

Yes it was a default judgement and the paperwork states County Court Business Centre -CCBC.  so can I call Southampton county court and file it there? or call the CCBC and ask them where to file?

Umkomaas

IrishAK said:

Umkomaas said:

If this was a judgment in default, then the judgment is an automated computer decision made at the County Court Business Centre in Northampton, a civil service administration centre, known as the Northampton County Court Business Centre, which always confuses people that it is an actual county court. It would be much better titled 'CCBC - Northampton'. 

Yes it was a default judgement and the paperwork states County Court Business Centre -CCBC.  so can I call Southampton county court and file it there? or call the CCBC and ask them where to file?

Why would you call them?  Haven't you received (or have been required to complete) a N180 Directions Questionnaire?

IrishAK

No I am 1st filling/submitting a N244 form, just not sure where to? 

KeithP

IrishAK said:

No I am 1st filling/submitting a N244 form, just not sure where to? 

Send it to your local County Court.

Coupon-mad

Yep, and even if you sent it to the CCBC they'd allocate it to Southampton for you!

Jumblebumble

IrishAK said:

1. Do you think that From December 1st 2020 to March 1st 2021(when CCJ was issued)  is a reasonable amount of time for BW Legal to find our correct address?
2. Unsure whether to:

Contact BW Legal and ask for their consent to set aside OR submit the N244 claim form to set aside on the basis that I did not get a chance to defend. (Not enough info for my WS to believe I can win the PCN case)

1. Are we better with BW Legal’s consent and get it set aside for £100( I believe?)  & then pay them the £266 fine?

OR

Pay £255 for the N244 form without their consent with the possibility to get this refunded by BW Legal and then still pay the £266 to them to get it set aside?

Although I understand if we had the time we could fight the PCN’s, but our main goal is to get the CCJ set aside ASAP to purchase a house.

Details below:

My partner was issued 3 PCN's all at the same car park (New Street, Southampton). Two in one week and one a few weeks later, we didn't receive letters till about a month after these events sometime in 2019. The exact amount we don’t recall but it was around £100 each for turning around in the carpark.

Without me knowing she called Britannia parking soon after we received the fines and attempted to pay, they informed her that she was not the registered keeper and could not complete the payment.

(I remember reading on the forums about not having to declare who the driver was I think I may have also called them to deny the debt and to inform them that it was not me driving but I honestly can't remember if this took place.)

After a few hours going through the forums, I was convinced that we would be able to defend these charges in court if they did pursue us that far. I did receive numerous letters from Britannia parking and then BW legal but nothing pertaining to court.

We moved July 1st 2020  and changed address with only bank accounts as lived in shared accommodation and had no bills. Once realized we forgot to change the address on DVLA we did so in November 2020. (Electoral role still old address as this new place was supposed to be a few months until we bought a house then COVID slowed everything down.)

Fast forward to now attempting to buy a house offer accepted went to draw down the mortgage. Failed on a credit check this time, looked up credit file and CCJ has been issued £266 on the 1st of March 2021, issued at old address. Called CCBC and paid to get the notes on the CCJ so that will hopefully provide me with the dates the PCN’s were issued so I can start to write a WS.

We have accepted that we've lost this house but want to be able to buy as soon as possible so I need it removed ASAP. In the process of writing an SAR request to both BW legal and Britannia but as others have mentioned that will take a month to get that information and this is necessary as we don’t have any information on the PCN’s to write a compelling WS.

Any advice and information is much appreciated.

I am astounded to hear that Britannia would decline to accept a payment from someone who is not the RK
The crucial question is why would they do that and I am not sure I believe this and i suspect a judge wont either
I have a lease car and am not the RK
If the lease company transfer liability to me under POFA  then how does the debt get paid as they sure as hell wont pay ?

IrishAK

Jumblebumble said:

I am astounded to hear that Britannia would decline to accept a payment from someone who is not the RK
The crucial question is why would they do that and I am not sure I believe this and i suspect a judge wont either
I have a lease car and am not the RK
If the lease company transfer liability to me under POFA  then how does the debt get paid as they sure as hell wont pay ?

It as odd as I thought they would take money off anyone! 
 I was very angry with them for getting a ticket in the first place and secodly for even calling, as had seen these forums back then and knew we would have a chance of winning. They did tell her I would have to complete the liability and transfer it and then she could pay?! but yes I am nervous that the judge won't believe and as she does not have itemised billing so don't any way to prove call took place other than my word.

IrishAK

Just getting an email together to send to the court
I have searched and I know I saw it somewhere,
but do I put the default claim number top right on DO and WS or leave it as  the xxxx's  for the court to fill in? 
same as with the n244 form do I now put Southampton or still CCBC as where it was served?

IrishAK

How do I complete form N244?

Preliminary matters

At the top right hand side of the form the name of the appropriate court should be stated. The general rule is that an application should be made in the court in which the claim is proceeding. This may not be the same court in which the proceedings were commenced.- this has confused me more

Section 9

At Section 9, the applicant must state who the application should be served upon. The general rule is that the application should be served upon the respondent to the application. The respondent is the person against whom the order is sought.

on the ccj states, Britannia is the claimant  but the address is BW legal, do I put BW legal address or Britnina parking? 

also after I file this do I send it all to Britannia or BW legal or is that only when I get a hearing date?