Found I have a ccj

in Debt-free wannabe
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TheSaint_2TheSaint_2 Forumite
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Hi all, 
The parking forum suggested I post here.
I found I have a ccj issued mid April this year when I checked my credit report today.

We moved house 18 months ago and I guess the court papers went to our old address.
The fine is under £200.

I realise I could probably ask for it to be set aside at a cost of £225, but there is no guarantee of that. And I would then have to fight the original claim again, with no guarantee I won't end up much worse off.

My question is how likely are they to find me now the ccj is issued and come after me for the money?
I'm not too fussed about the credit rating. 
If they do find me what typically happens? Do they write to me and ask for the amount ordered by the court or do they come straight round and knock on my door, charging me for their time on top of the fine?

Cheers 

Replies

  • edited 15 May 2021 at 3:16PM
    sourcratessourcrates Forumite
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    edited 15 May 2021 at 3:16PM
    Hi,
    I`m assuming its a private parking company that obtained the CCJ, they won`t be doing much of anything, they rely on bulk processing of claims, usually winning cases by default judgement. 

    Having obtained the CCJ, the parking management company usually does nothing further, except wait for you to contact them.
    Further enforcement action costs them money, and on a sub £200 quid debt, the enforcement cost is likely to be more than the debt itself.

    The last sentence of your post appears to be drifting off into fantasyland lol.
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  • TheSaint_2TheSaint_2 Forumite
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    Thanks :) I was hoping you would say something like that.
    It is a private parking firm. I think it was ncp. (Still waiting for the court to send me the details, my wife has a couple of tickets!!)
  • edited 24 September 2022 at 11:31PM
    TheSaint_2TheSaint_2 Forumite
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    edited 24 September 2022 at 11:31PM
    So I got a letter today from a debt collector. They hint at possible further enforcement action if I ignore them and their demand that I pay the ccj. I'm guessing that as they appear to have sold the debt to a debt collector i will just get threatening letters for the next two years?
    Has anyone come across a court appointed bailiff being sent on cases like this?

    There is also the question of how they found my new address. I thought a lookup against the dvla database could only be done once. If this is the case can I start any proceedings for violation of gdpr?
  • sourcratessourcrates Forumite
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    So I got a letter today from a debt collector. They hint at possible further enforcement action if I ignore them and their demand that I pay the ccj. I'm guessing that as they appear to have sold the debt to a debt collector i will just get threatening letters for the next two years?
    Has anyone come across a court appointed bailiff being sent on cases like this?

    There is also the question of how they found my new address. I thought a lookup against the dvla database could only be done once. If this is the case can I start any proceedings for violation of gdpr?
    How do you know the debt has been sold, have you been informed in writing?

    Does the DCA letter actually say they have bought the debt, or do they refer to "their client"?

    Your off into fantasyland again with the Baillif theory, only the owner of a debt can take enforcement action, the most likely scenario is that said parking company has engaged a debt collector to chase the debt on their behalf, said collector won`t own the debt, so can do nothing more than ask you to pay, until or unless you hear otherwise, proceed on that assumption.

    The DCA will have run a trace on you, simple, straightforward, and legal, you have nothing to proceed with.
    Ex MSE Board Guide.

    More than a third of IVA`s fail....fact.
    Could A Debt Relief Order help you ?
    Never pay a fee for a Debt Management Plan.
    For free non-judgemental debt advice, contact either : Stepchange, National Debtline, or CitizensAdviceBureaux.
  • edited 25 September 2022 at 12:10PM
    fatbellyfatbelly Forumite
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    edited 25 September 2022 at 12:10PM
    If the ccj is now showing on your credit file then the addresses are linked and a simple search would have led them to your present address. Nothing to do with dvla.

    Most likely the DCA has been appointed by the original creditor to run through their standard letters. Obviously they will increase in tone and you may find scary red text and CAPITAL LETTERS.

    At the end of that process the debt goes back where it came from.

    Yes, I have known further action on these debts but not always 
  • TheSaint_2TheSaint_2 Forumite
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    Thanks. I just assumed they had sold the debt because the company chasing has changed to a company that does send people round on behalf of the court (though they say they have no authorisation to do so at the moment).

    I will just have to get used to another couple of years of letters.. Again... Yay. Thanks for the advice 
  • sourcratessourcrates Forumite
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    Thanks. I just assumed they had sold the debt because the company chasing has changed to a company that does send people round on behalf of the court (though they say they have no authorisation to do so at the moment).

    I will just have to get used to another couple of years of letters.. Again... Yay. Thanks for the advice 
    Debt collectors do not work for the court.

    Who is it that has written to you, tell us the name then we can make sense of what you're telling us here.
    Ex MSE Board Guide.

    More than a third of IVA`s fail....fact.
    Could A Debt Relief Order help you ?
    Never pay a fee for a Debt Management Plan.
    For free non-judgemental debt advice, contact either : Stepchange, National Debtline, or CitizensAdviceBureaux.
  • edited 25 September 2022 at 5:05PM
    TheSaint_2TheSaint_2 Forumite
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    edited 25 September 2022 at 5:05PM
    It is debt collector bailiffs ltd
    They say their client is elms legal Ltd, so maybe they did sell the debt? It was ncp that the original "debt" was with.
  • edited 26 September 2022 at 10:39AM
    sourcratessourcrates Forumite
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    edited 26 September 2022 at 10:39AM
    It is debt collector bailiffs ltd
    They say their client is elms legal Ltd, so maybe they did sell the debt? It was ncp that the original "debt" was with.
    No, you just said it yourself, they refer to "their client", there client being NCP, so the debt has not been sold, they are just acting on their behalf.

    And again, they are not Baillifs, they appear to be a fancy firm of solicitors, there nothing special.
    Ex MSE Board Guide.

    More than a third of IVA`s fail....fact.
    Could A Debt Relief Order help you ?
    Never pay a fee for a Debt Management Plan.
    For free non-judgemental debt advice, contact either : Stepchange, National Debtline, or CitizensAdviceBureaux.
  • edited 10 October 2022 at 1:45AM
    Coupon-madCoupon-mad
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    edited 10 October 2022 at 1:45AM
    It is debt collector bailiffs ltd
    They say their client is elms legal Ltd, so maybe they did sell the debt? It was ncp that the original "debt" was with.

    The parking forum suggested I post here.
    Sourcrates is right. The debt hasn't been sold (DVLA data isn't allowed to be sold on).

    You need to post about this on the parking board. I'm not seeing a post from you there, unless you deleted it?

    The regulars on that board deal with DCB Ltd chasers all the time, and where they are chasing a CCJ, they are unlikely to do anything except send letters in cases where the sum is under £600.

    If it's over £600 they throw their weight around.


    I realise I could probably ask for it to be set aside at a cost of £225, but there is no guarantee of that. And I would then have to fight the original claim again, with no guarantee I won't end up much worse off.
    I don't agree that you'd be worse off.  If the CCJ being there for 6 years will affect your financial plans then I would get it set aside.  

    I can't even recall one being refused in a parking case where the claim went to an old address, and on the parking board we see set aside threads almost daily.  Parking firms are required to check addresses over and above the DVLA address, before filing claims. By not doing so, the parking firm Claimant was at fault, even if the victim didn't update their V5C.

    Your set aside application will cost a £275 court fee, that is almost always ordered to be refunded by the parking firm (Excel or VCS in your case).

    So you should end up paying nothing and then they often discontinue the claim, if it isn't struck out for want of good service within 4 months of it being filed with the court.  If they don't discontinue the claim after your CCJ has been set aside and the first Judge won't dismiss it for want of service, then you defend the claim and win (usually).

    Even if you lose (about 1% of cases we see are lost when defended) you'd still have no CCJ and you'd pay less than the claim, unless you get a rare Judge like DDJ Dack at Portsmouth who reckons the added £70 sum that the Government called 'extortion' is OK.

    I notice you said: "I'm not too fussed about the credit rating."
    OK, but maybe I've given you something to think about and a way forward if you decide to apply to set the CCJ aside (mandatory set aside due to lack of good service).

    You've corrected your V5C address that probably caused this, we assume?
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