Pay CCJ or Forget or Fight...CEL

taztheman

Coupon-mad said:

Why not just ignore it though, or will an old CCJ matter soon if you are coming back to the UK?

Personally, I think now that they KNOW this was a cloned vehicle and you live abroad, you can tell them to go swivel if you want.

You know, thing is that i dont know how long I will be overseas for. My stay here is linked with the job, if my job finishes for whatever reason, i will be heading back to the UK alot sooner that 5 years (or 6 years, the time it takes for CCJ to disappear from the record).

I plan for the worst (as much i hate it sometimes). If I were to return within 3 to 5 years, i need to understand the consequences of having a live CCJ on my file.  As the first thing I will have to do on arrival in the UK would be get a house on mortgage. Last thing I would want is to have this CCJ affect that in any way whilst buying a property, mobile phone contract etc.

So, for me to ignore it, i need to understand the consequences if i were to head home within 5/6 years.

Coupon-mad

It would affect any mortgage application or any credit, but it is niggling me that this wasn't even your car and this Claimant now knows that.

They have a Legal Dept led by a barrister so why the hell shouldn't THEY now submit the application and pay the fee, is my view.

Why should they expect a completely innocent consumer who is living abroad to shoulder this cost or have an unwarranted CCJ hanging over his head?

Hmmm...I know it's only £100 but why should you be the one to pay for removing their defective claim when it's not your car and they KNOW that now?  Seems greedy snd disingenuous for them not to sort out the mess.

I was going to say you could respond with a Letter before Claim, in the style of @zhonguonuren, to tell them if you have to pay the £100 fee to remove this CCJ now that CEL know all the facts and know you are the wrong Defendant, you will sue them for this loss and will claim all your costs for what is clearly wholly unreasonable conduct on the part of a firm who litigate millions of cases and could easily handle snd cover the cost of the N244 application.

In addition, you have grounds for claiming additionally for data abuse if their data protection officer is content for the CCJ to remain even though they know it is against the wrong party.  This breaches your GDPR Article 5 data rights.  And finally, if this CCJ remains and causes you issues if snd when you return to the UK, you will hold CEL liable for that loss and distress too.

Give them a further 14 days to either accept your  very generous 50/50 split or to take the above on board, sort out their own mess snd cover the £100 court fee without further fuss.  If they continue with their present stance then they have been warned about future liability for a claim amounting to far more than £100 and the claim will follow without further notice, if you return to the UK within 6 years.