Contradictory info re fee for set aside with consent

Coupon-mad

I am neither!   

I do this and stuff off-forum, for no reward, as do plenty of others who want to help instigate change in an 'outrageous scam' (Hansard 2018) industry.

We also see very few set asides 'with consent' at £100 court fee because very few people want to do it that way.  We see a lot more at £255 but that's because tens of thousands of people have this issue, as is shown by the MoJ links I showed you, it is (or has been) endemic among many PPCs not to trace addresses properly.  So, most people can get a mandatory set aside done and their fee back (very often).

OK, now think about this. My Tesco store used to have 2 hours free parking. First time I went there after having understood what my CCJ is about, I went and looked at the sign. It is now 1.5 hours. They just put a sticker over with 1.5, so I wonder what defence they have if this is removed or falling off...or how I'd prove it if it shows 2 hours but I don't photograph it...tsk tsk. Anyway, point being "it used to work that I park there for up to 2 hours" but it won't stay that way.

Yep, very common, but people are not expected to re-read the signs on every visit, any more than you have to seek out and re-read your broadband or phone t&cs every time you use it, if nothing tells you prominently about a change.  The BPA Code of Practice covers this, that changes in restrictions must have additional signs warning regular car park users about the change.  This doesn't have anything to do with your case though because VCS don't operate at Tesco.

zoe21b

zoe21b said:

At some time I also did this:

• I already had a note where I had ticked off that I had changed address with DVLA but I needed to find out when, so after obtaining my itemised phone bills, I identified the calls (still same number) I had an chat with DVLA (after calling *many* times but most times they just say they are busy and hang up...great customer service!) to understand why V5 wasn't changed (i.e. did they tell me to do something on the phone calls but I didn't do it or whatever). I asked for transcript or audio recording or notes from their system re my 3 calls to them in 07/2019. They said they don't keep this for that long (I think they said they keep audio recording for 90 days) and to do a SAR to get what they have. Really, I'll give them full 0 stars for customer service...communicating to your customers via a SAR).

I did a SAR on DVLA they other day - on their suggestion in the abovementioned chat.

The SAR results came in today, they say they have nothing. No transcripts, no audio and no notes, in effect no knowledge about my 3 calls to them. I find that a bit unfathomable. But hey ho...it's a monopoly.

So, the request here is STILL if I can get the exact wording to make the consent order as good as possible for me and my chances, then that would be great. If needs discussion among the people experience in such matters, please go ahead. I will be forever grateful for your assistance.

Coupon-mad

As the thread is so long can you copy & paste the draft wording here again so busy people can see it and respond without trawling back?

zoe21b

Coupon-mad said:

As the thread is so long can you copy & paste the draft wording here again so busy people can see it and respond without trawling back?

No problem, but the long list of questions related to this is still in my post 11 May at 9:36AM (this system could use a post #).

I have their initial consent order draft, the body is (my retype so might be small deviations):

CONSENT ORDER

Upon the Defendant having paid the Default Judgment in full on [Insert Date] to ELMS Legal Ltd under payment number [Insert Payment Authorisation Number Where Applicable], a law firm instructed on behalf of the Claimant for Debt Recovery Services, and given the Defendant is currently in the process of applying for finance [Please Insert Any Alternative Reason Where Appropriate] and given the Parties have agreed to the below terms: -

IT IS HEREBY ORDERED BY CONSENT THAT:

1. The Default Judgment entered on [Insert Date] under Claim No: [Insert Claim Number] be Set-Aside.

2. The registration entry be cancelled and removed from the Register.

3. There be no order as to costs.

Coupon-mad

See what @Johnersh may come up with but I was thinking (as a non-legally trained but regular poster here) maybe replace:

and given the Defendant is currently in the process of applying for finance [Please Insert Any Alternative Reason Where Appropriate] 

with

and given the Defendant only discovered the judgment in 2021, the claim having been served to an old address

zoe21b

Coupon-mad said:

I am neither!   

I do this and stuff off-forum, for no reward, as do plenty of others who want to help instigate change in an 'outrageous scam' (Hansard 2018) industry.

We also see very few set asides 'with consent' at £100 court fee because very few people want to do it that way.  We see a lot more at £255 but that's because tens of thousands of people have this issue, as is shown by the MoJ links I showed you, it is (or has been) endemic among many PPCs not to trace addresses properly.  So, most people can get a mandatory set aside done and their fee back (very often).

OK, now think about this. My Tesco store used to have 2 hours free parking. First time I went there after having understood what my CCJ is about, I went and looked at the sign. It is now 1.5 hours. They just put a sticker over with 1.5, so I wonder what defence they have if this is removed or falling off...or how I'd prove it if it shows 2 hours but I don't photograph it...tsk tsk. Anyway, point being "it used to work that I park there for up to 2 hours" but it won't stay that way.

Yep, very common, but people are not expected to re-read the signs on every visit, any more than you have to seek out and re-read your broadband or phone t&cs every time you use it, if nothing tells you prominently about a change.  The BPA Code of Practice covers this, that changes in restrictions must have additional signs warning regular car park users about the change.  This doesn't have anything to do with your case though because VCS don't operate at Tesco.

I thought I answered back on this one but most ave got lost. In any case, I do appreciate what you do. Don't care if commercially or not, the work people do here - as most voluntary work - is very useful.

Yes, it wasn't VCS' name on the sign at Tesco. In your experience, are all the PPCs 'the same' or are there good and reasonable ones (who trace properly before and don't add the apparently illegal £60 debt collection charge)? Is there a list of the good and the bad ones?

I looked at those links...from what I could read about a quarter of set aside requests are not set aside. And I guess of the ones that are set aside many goes back to require more work. I wish I knew the stats for the subset of PPC set asides broken down by the various routes of setting aside. But probably doesn't exist.

Since I am ONLY interested in one thing (no, not bent coppers ) and that is to get the CCJ removed from my credit file, then I'm obviously interested in having maximum chance of succeeding. Are there any objection to the assumption that my (for now) chosen route for fixing my case has maximum chance of success by paying Elms £185 and go with a modified Consent Order (still to be done) and N244. Or any other routes with better option of getting CCJ set aside and closed off permanently?

KeithP

zoe21b said:

Since I am ONLY interested in one thing (no, not bent coppers ) and that is to get the CCJ removed from my credit file, then I'm obviously interested in having maximum chance of succeeding. Are there any objection to the assumption that my (for now) chosen route for fixing my case has maximum chance of success by paying Elms £185 and go with a modified Consent Order (still to be done) and N244. Or any other routes with better option of getting CCJ set aside and closed off permanently?

You're on the wrong forum. Good luck.

Jenni_D

zoe21b said:

Coupon-mad said:

As the thread is so long can you copy & paste the draft wording here again so busy people can see it and respond without trawling back?

No problem, but the long list of questions related to this is still in my post 11 May at 9:36AM (this system could use a post #).

It has one ... click on the date/time above a post and you'll find that it is a link directly to that post.  

For example, this reply is: https://forums.moneysavingexpert.com/discussion/comment/78324884/#Comment_78324884

zoe21b

Jenni_D said:

zoe21b said:

Coupon-mad said:

As the thread is so long can you copy & paste the draft wording here again so busy people can see it and respond without trawling back?

No problem, but the long list of questions related to this is still in my post 11 May at 9:36AM (this system could use a post #).

It has one ... click on the date/time above a post and you'll find that it is a link directly to that post.  

For example, this reply is: https://forums.moneysavingexpert.com/discussion/comment/78324884/#Comment_78324884

Ah, yes, that would work. On another site I observed post numbers (like this may be Post #42 or whatever) and that seemed like a convenient way of referencing. Especially if it also have the linking mechanism you mentioned.

I'm also missing a Discard button and a Save Draft button on half-written replies. But (hanging head in shame), I have not read how to actually use the forum editor. If these things are there, they are not obvious to me. Finally I would wish the Preview and Post Comment buttons were on the opposite side of the screen...always worry about pressing Post when I wanted to Preview.

In any case, THIS is surely the wrong forum to debate UX issues. 

Le_Kirk

The forum has (recently) been updated/upgraded and we lost the facility to quote post numbers.