*BOMBSHELL* CCJ - Please Help!!!

nfpad

Hello

Sorry for yet another thread on this subject. I have been reading many posts regarding this matter, but feel I need to put this out there for clarification.

Time is ticking as the DCBL letter was dated 7th December, and not received until 11th December, so slow delivery, they have stipulated 14 days from date of letter before further action, need the brakes put on this ASAP especially in the run up to christmas.

For now I will just copy and paste parts of a redacted version of a letter I had prepared to send to the PPC below, however I was unable to find any contact details for them, nor did the CCBC inform me of the name of their legal representation. I was seeking for a consented set aside, although now I feel that with them being so hard to contact, a non consented set aside is my only option, I am not very sure on my position in terms of defence of the original PCN as blissfully unaware of any wrongdoing, and now 46 months later although I remember the location, not any the wiser, I revisited this site (ON FOOT!) yesterday, and the car park in question is not managed by a private company any more, and the company operating from the adjoining premises have since been liquidated, so unable to take photos etc of any/no signage, and as I have no paperwork pertaining to the case I have no idea of what signage they claim they had in place.

Worth noting, I have done very little to no copy and pasting from the internet, and have put this in my own words, for better or worse I feel it was the best way for me to fully grasp what is going on.

Anyway, the letter:

On Saturday 11th November 2021, I received a latter dated Tuesday 7th December from Direct Collection Baliffs Ltd (DCBL). To my utter shock and dismay it outlines that a CCJ has been obtained on behalf of Civil Enforcement Ltd (CEL) in regard to an overdue amount of £347.19. No particulars or reasons as to why this is the case have been offered up within the letter.

This is the first communication I have received regarding this event that took place some 37 months ago. I subsequently carried out a Trust Registry Online search, which does indeed confirm that this CCJ was obtained by default on 8th November 2018 at County Court Business Centre (CCBC).

On Monday 13th December 2021 I telephoned CCBC to gather information on this CCJ that I have no knowledge about. They informed me that it was a default judgement against me (the defendant) for a claim made on Wednesday 17th October 2018 in relation to a Parking Charge Notice (PCN, ref: xxxx) dated Sunday 4th February 2018 from CEL (yourselves, the claimant) issued due to an overstay in a car park at xxx. The claimed amount totals £249.14.

Given this event took place some 46 months ago, I have no recollection of it, and certainly no recollection of knowingly breaching any form of parking contract. I was a visiting xxx as a potential customer of theirs, I did not see any clear signage as to the terms of the parking. There was no ticket affixed to the vehicle, so at this very late point in time I can only assume that the PCN was issued via means of ANPR camera, using the DVLA database as a source for finding the keeper of the vehicle. The DVLA would have revealed that the keeper of the vehicle was Mr xx of xx. I am aware that you are able to access this data on only one occasion.

On Wednesday 17th January 2018 my partner and I agreed the purchase of the property xxx. As a result of this we agreed to end our tenancy of xxx. Although the tenancy agreement ran until the end of February 2018, we had vacated the property early, moving to my partners parent’s house in xxx whilst awaiting the completion of our purchase. I have evidence to support this as I notified the DVLA, New Forest District Council, and all other relevant parties, in good time, with my driving license being returned 12th April 2018 and council tax bill being amended as of 21st February 2018 to our temporary address. The V5C for the vehicle was amended at a later date, but as you had already had your “one shot” and retrieved the data from the DVLA it is of no consequence.

The result of this is that all correspondence has been sent to xxx, where we were unable to receive it, crucially the claim intimated on Wednesday 17th October 2018, and the resulting default judgement dated 8th November 2018. This is why neither yourselves or CCBC have received any contact from me on the matter until this point in time. Had I been in residence at xxx at the time of the claim being served on 17th October, I would have certainly acted on the matter as to avoid the potential of a CCJ going against me.

As it stands I was not in residence at xxx at the time of the claim being served, therefore I was unable to respond or defend the matter at hand.

As well as the move of residence I had also changed my surname from xxx to xxx. I appreciate that this could cloud the matter somewhat, but all parties at the time that I were dealing with were notified. Naturally I have the documents for this. A simple Experian Credit Report reveals this information. The debt collector DCBL operating on your behalf has managed to contact me some 37 months after the default judgement of 8th November 2018, so the information was there to be found, I feel that in the 8 month time period between the alleged infraction and the claim being served, the lack of response from myself on the matter should have been an indication that the correspondence was not being received, and I fail to see that CEL or their solicitor has made any real attempt to contact me at the correct address. The further 37 months after this time only reinforces this.

I have attached relevant redacted documents to prove I am who I say I am. Deed Poll, Driving License

On that basis, I believe the claimant (CEL) has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having 8 months to establish an address. Accordingly, service of the claim form was defective and therefore the default judgment is agreed to be set aside under CPR 13.2 as of right.

As outlined above, I feel I have good reason to apply to the CCBC using form N244 to have this CCJ set aside.

I am a hard working family man on a medium wage, I try to live a simple life, I take matters of the court very seriously, and had I been aware of any impending case I would have acted promptly. The negative effect that a CCJ would have on my life far outweighs the cost involved. The fact of the matter is that I did not respond to any court claim against me because I simply did not receive it, I was therefore unable to either pay the claimed amount, appeal the claim or attend the subsequent hearing and mount a defence.

I do believe that it is in the interests of both claimant and defendant to come to a swift agreement to settle the case justly with proportionate costs in a timely manner whereby both parties are on equal footing. On receipt of signed consent I shall file this to the court myself and I am willing to pay the consent fee to CCBC. I would like the CCJ set aside and following this being processed by the court I am willing to pay an outstanding balance of £347.19 to yourselves to settle the fine fully and have no further correspondence and orders. If you find this course of action palatable, please have your solicitor contact me with a draft order for my review.

In line with acting promptly I cannot delay to make the set aside application further therefore please respond within the next 5 days if you confirm your consent or refusal. I feel it is in both our best interests to settle the matter justly in this way.

If I receive no response or a refusal from yourselves, I will automatically submit the N244 with my witness statement, evidence, draft defence and draft order for set aside with schedule of costs on the basis that no consent is given on Tuesday 21st December 2021. In preparation for this undesirable outcome I have emailed your Data Protection Officer with a SAR, so that I may have copies of the unreceived documents. With this in mind I think it necessary that you order DCBL acting on your behalf to cease and desist all actions against me until this matter is resolved one way or another.

Yours Faithfully

xxx

formerly

xxx

Redx

Your 2 choices are

1) a £108 set aside with consent , Which is what I think your long post is saying , in which case you won't be defending the original PCN or claim but you would be paying everything

Or

2) a contested set aside ( £275 ) where you will contest the original PCN and claim

These historical defaul CCJ s are typical of CEL , the government promised action , nothing was done !

D_P_Dance

.... the government promised action , nothing was done !

Indeed, read this and complain to your MP.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Jenni_D

tl;dr

DCBL letter ... is that Limited or Legal? The 14 days comment makes me think Limited and that this is merely a debt collector letter.

Even if a CCJ is in play, it has been there for over 3 years now ... only 3 more years to go and it disappears from your record. So unless you require to cleanse your credit record you could simply ignore it. Or go the set aside route now (contested or otherwise) as you need to act in a reasonable time frame from discovery of the CCJ.

nfpad

@Jenni_D my main concern with just leaving the CCJ to time out is that we currently have a mortgage, although it will not renew until after the CCJ times out, I am obliged to disclose this, and on that basis my current lender might pull the plug!

nfpad

@Redx apologies for the lengthy post.

a consented set aside would be my preferred route at this time, but I am unable to find any way to contact either CEL or their solicitor.

KeithP

nfpad said:

...I am unable to find any way to contact either CEL or their solicitor.

Do neither of those organisations have a website?
Are there any contact details on those websites?

Umkomaas

nfpad said:

@Redx apologies for the lengthy post.

a consented set aside would be my preferred route at this time, but I am unable to find any way to contact either CEL or their solicitor.

Previously used by posters here

office@ce-service.co.uk

Legal3@ce-service.co.uk

Be careful with their reply if they are offering a 'with consent' set aside. They're often not straightforward. 

Jenni_D

nfpad said:

@Jenni_D my main concern with just leaving the CCJ to time out is that we currently have a mortgage, although it will not renew until after the CCJ times out, I am obliged to disclose this, and on that basis my current lender might pull the plug!

You still haven't said whether that letter is from Legal or Limited.

nfpad

@Jenni_D The letter I received is from DCB Limited (Bailiff)

nfpad

@KeithP

No email addresses are offered on the CEL website, other than the DPO on the privacy section, I already fired a SAR email to them.

I do not know who their representation is as the court would not tell me, and it is not included in the scant particulars they sent me.