CCJ. Parking fine sent to old address

Redx

Olive_j said:

Umkomaas said:

If you do nothing , or if you pay them now , your credit rating is trashed for 6 years

I can't reiterate enough what @Redx says here. The only way to have your credit rating restored is via a successful set aside application. Paying off the CCJ after the deadline date given by the Judge (usually 1 month after judgment) will not do it.  We've had many come to the forum having paid the CCJ well beyond the deadline, who can't understand why their credit is still trashed. There are some PPCs who encourage late payment to them, suggesting it will resolve matters - it only resolves matters for the PPC, but not for the motorist!

I think I’m way over the time schedule anyway! One is for 2019 and one for seven months ago… 

Not true , it's about when you found out , not when they were issued , for set aside , but it is true that it's too late for quick payment to remove them , that was within 30 days

You are making too many false assumptions , too many rookie newbie errors

Grab some biscuits , a cup of tea or coffee and digest what we are telling you , Rome wasn't built in a day !!

Redx

The memorandum is that yes they should do that check due to having no contact at the original address , they didn't , so should be a slam dunk for a set aside , or two set asides , on those grounds alone , so yes , correct

Hence why they should have used Experian or Trace , to trace your current address and serve papers there , they failed to do so , their issue !!

Theresa May promised to fix this when she was PM , but kicked the can down the road

Your legal argument is , you were there to be found !! At your current address !!

Olive_j

Redx said:

The memorandum is that yes they should do that check due to having no contact at the original address , they didn't , so should be a slam dunk for a set aside , or two set asides , on those grounds alone , so yes , correct

Hence why they should have used Experian or Trace , to trace your current address and serve papers there , they failed to do so , their issue !!

Theresa May promised to fix this when she was PM , but kicked the can down the road

The annoying this is the court letter was sent two weeks after our mortgage (for house number 3) which would have been a nice easy document to share as evidence. But they were sent to the old, old address (house number 1). When the CCJ was actually issued, we had then moved to our current house (house number three), but the letters were still obviously sent to house number one, not the second or third.

Our second address was listed on the DVLA at the time of the claim for and our third address was evident on mortgage, bank etc on credit file at the time the CCJ was sent. Not sure if it matters when the actual CCJ information was sent after it had been issued? 

Olive_j

Is there still urgency for completing in 2 weeks when they are from two years ago and the second from 7 months ago? 

Umkomaas

The app to set aside fee is £255 so I’d need to pay this X2? 

Possibly, but you might just call the court and check that out. @henrik777 might also be able to advise?

And am I then liable for the amount due on each CCJ, the £257? 

There you go, trying to eat all of that elephant again. Only if the Judge tells the PPC to resubmit their claim(s), then you'll be able to defend, then the Judge will decide. But you're months away from that. At the moment your only priority is the set asides. 

Umkomaas

Le_Kirk said:

I am confused (easily done I know) but why are we talking about 2 x CCJ?

From the OP's post today at 8:58am

I was trying to deal with one issue at a time so I don’t have a total meltdown but there are 2 CCJs on my file. Both from the same company. One sent to my previous address and one sent to my address from two houses ago. So both wrong address. I’m wondering if it will be easier to pay them and have them ruin my credit for the next 6 years than try to fight two different court cases.

Le_Kirk

Umkomaas said:

Le_Kirk said:

I am confused (easily done I know) but why are we talking about 2 x CCJ?

From the OP's post today at 8:58am

I was trying to deal with one issue at a time so I don’t have a total meltdown but there are 2 CCJs on my file. Both from the same company. One sent to my previous address and one sent to my address from two houses ago. So both wrong address. I’m wondering if it will be easier to pay them and have them ruin my credit for the next 6 years than try to fight two different court cases.

I read through the OP several times and still missed it.  Thanks @Umkomaas

Redx

Olive_j said:

Is there still urgency for completing in 2 weeks when they are from two years ago and the second from 7 months ago? 

The urgency is to act promptly , quickly and decisively once you are aware of the two CCJ s , typically within one to three weeks , so it's make your mind up time as to with consent or contested !!  Quickly

You don't have the luxury of time for set aside applications

Pointless worrying about the original claims until you are granted set asides , so not eating the whole elephant !!

It's a two stage court process , different timescales , two different judge's probably !!

For all you know there may be more PCN s and more court claims , hence the SAR

SAR takes 30 days or more , DVLA enquiry , 30 days or more , so for set asides assume half of that time , say 15 days

Le_Kirk

A set-aside, as you have been told is absolutely the best thing for you due to "defective service" and not because you disagree with the amount and not because you are "credit cleansing" which judges hate.  Just get on with obtaining the N244 forms and pulling together all the details of the judgment date, amount and original PPC.

Redx

Depends which avenue you go down

If not disputing the CCJ,s and amounts , you need a with consent set aside , if the claimant agrees , twice , because you have two , where you pay everything , with no disputes at all

If they refuse , you have to go down the contested route , which includes disputing everything , otherwise a judge will view it as credit cleansing , and probably refuse


Or you do the latter anyway , regardless , disputing everything , the contested set aside route

Your choice , or the claimant forces you to do the latter anyway , by being intransigent

Judges don't ALWAYS do what you want , Britney just lost her case again , one where she pays for everything and everyone !!