SNEAKY CEL CCJ Enforcement start date this week

drivingmscrazy

2nd thread on here (difference scenario), so apologies for requesting help again, but I will try to do as much research myself so hopefully, will just need clarification and amendments.

My questions are:

1. Is this worth paying the £255 fee and pursuing. Having read lots of similar posts and replies from @henrik777 and @Johners, I believe so.

2. As he had one month to pay the Judgment, am I right in thinking if he sends the N224 before 12th Jan, his chances are greater.  Having read other posts, I gather he can call and pay prior to sending back the N224 and if so, what date is recorded as the process starting (ie if calls the court tomorrow and pays before completing the N224, is that the date or is it the date he files the N224)

3. Due to the short timescale (if Q2 is a yes) what is the minimum documents he can send with the N224.  There are two posts I'm following and will be using to help him do his defence.  I saw this reply on a post , explain in your witness statement that you will come to the hearing with a draft defence once you have the SAR from the Claimant because at the moment you know no facts at all, but I'm a bit concerned (@123MrsT? i think was the OP) where the judge completely ignored the fact that the PPE had not followed procedure and only focussed on her non payment of the tickets). 

I am posting back story etc, as separate post to avoid eystrain/unnecessary reading

As always, your help and advice is appreciated

drivingmscrazy

*different (oops)

part two

BACK STORY

My son checked his credit file earlier this week and discovered a CCJ.  He called the court and discovered there was a judgment against him dated 13th December

Requested a N224 from court

He went to his old address on 8th Jan and picked up a pile of letters (person who lives there sometimes gives them to the shop below, but it's far from consistent. The tenant apparently also tours and sometimes landlord will pick up some post, so a bit hit and miss)

There was a claim form dated 19th November and Judgment for Claimant (in default) dated 13th December 2021 plus 2 other unconnected letters dated Oct/Nov).

He can obtain witness statements regarding post handed into the shop.

I have attached redacted copy of claim form with inconsistent date formulas for some unknown reason?? (mm/dd/yyyy for date and dd/mm/yyyy for date due).

Tickets date back to July/Sept/Nov 2018.  He moved out of the property in June 2018 (have final energy bill as proof of this)

Some time in 2019 there was another claim issued against him but (I will ask him for more info) I understand it didn't go any further after he filed his defence. 

SAR typed ready to send to CEL

DEFENCE

On 1st September 2021 he emailed CEL informing them he had been given some letters from his old address and requesting that any information regarding his old vehicle and old address be removed from their system as previously requested (attached)

On 27th September 2021 he received a without prejudice save as to costs email with an offer of £300 settlement to which he did not reply.

Therefore, it is clear the CEL were WELL AWARE that he did not live at that address. 

The email was sent from his work address which would have been very easy to trace (previous correspondence had also taken place in 2019 from the same email account)

There are no soft searches on his credit file during that period (I will double check this with him today)

He had a different vehicle in Sept 2021, which would not have been registered at his old address (not sure if this is relevant)

He is not sure whether he updated the V5 when he moved out(?) but did change vehicles on (??? I will check with him) and would have had correct address registered to new vehicle (I think he has lease? cars)

Electoral roll has been updated each time he moved house.

His driving licence is registered at my home and always has been and nothing has been sent here from them.

It is his belief that this Claim was filed at court knowing that he would not be able to file an AoS in a timely manner, much less a defence and that it would be easy to obtain a default judgment.  Default Judgment was obviously applied for less than one month after the court issued the N1.

As for ticket defence, I will use the Template from @couponmad in the newbies thread that I used in my previous case.

Sorry for the long winded post, but tried to answer questions I see being asked after other initial posts and trying to minimise too much toing and froing

All help is, as always, greatly appreciated.

drivingmscrazy

from a another post I've read... You know you should email them first -urgently - to see if they will agree to set aside with consent (and NO THAT DOES NOT MEAN PAYING THEM, EVEN IF THEY TELL YOU IT DOES).

Did wonder about this route, but worried how this would impact timeframe since he is still within the calendar month before enforcement (or maybe I read this wrong)

95Rollers

Sounds like they haven't acted entirely with due diligence and accurately checked all available records and spitefully raced ahead. Surely they would have to ensure a court they've taken "all reasonable steps" and that the checks conducted are fairly up to date as people's addresses, vehicle ownership, names, immigration statuses, freedom etc can change in a matter of weeks!  A V5 from several months ago just isn't good enough!

drivingmscrazy

@95Rollers spitefully raced ahead sums it up perfectly.

Thank you for replying

and oops, I did of course mean N244 form, not N224

Coupon-mad

The fee is £275 now.

drivingmscrazy

Coupon-mad said:

The fee is £275 now.

Yikes!

Finalising the form now, so hopefully it will go in his favour and show CEL up for their sneaky tactics.

Jenni_D

If the CCJ was 13-Dec-21 isn't he still in time to pay it so it doesn't get registered?

Then he raises a claim against CEL for GDPR breach, on the basis that the original claim was not correctly served given that they already knew the defendant was not at that address, so he claims for the judgment just paid plus damages for the GDPR breach.

D_P_Dance

. Is this worth paying the £255 fee 

Depending on the circumastances, it may be refundable.  Have you read this?
ihttps://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Nothing has been done so you might consider complaining to your MP.

drivingmscrazy

D_P_Dance said:

. Is this worth paying the £255 fee 

Depending on the circumastances, it may be refundable.  Have you read this?
ihttps://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Nothing has been done so you might consider complaining to your MP.

Thank you.

Yes I've read that when reading through previous posts and links and will include in his (defence?) as noted from ohther posts.   I'm on day 3 of reading and getting a bit court fatigued, but soldiering on.

My MP is Gary Sandbrook and is very much a boris puppet.  EVERY SINGLE TIME I have complained about something (not too many but a few) or asked for something to be raised, I get a response that is word for word the gvt stance, never anything personal in any reply.  Last time I checked, he had never ONCE voted against the gvt. However I will complain to my son's MP and the car park area MP and ensure he does the same. These two are much much better (it would be VERY difficult to be worse tbh)

I'm worried about this deadline tomorrow but I've read so much, I can't remember what the benefit was of challenging within one calendar month nor where I read it

He's sent the SAR and now contemplating the set aside with CONSENT route or whether to just go for it; opinion seems divided.  I don't think they will play so it seems a bit pointless and just delays things (possibly)

drivingmscrazy

Jenni_D said:

If the CCJ was 13-Dec-21 isn't he still in time to pay it so it doesn't get registered?

Then he raises a claim against CEL for GDPR breach, on the basis that the original claim was not correctly served given that they already knew the defendant was not at that address, so he claims for the judgment just paid plus damages for the GDPR breach.

Thank you. Tthis sounds like a different route I'd not considered.  Is this easier than a set aside? 

So he is still asking for mandatory set aside?  Where or how is there a GDPR breach (sorry, I've not noticed that on anyone else hence me asking). Just done a quick search and still not too clear (my head is in set aside mode )

Thinking aloud on this (paying it tomorrow which I believe is the last day)... He would have to borrow money from my mum using her credit card to do this which means he'll be in debt and she will be charged interest (asking to change to an interest free one is a no no atm, she's nearly 80 and uses her card to buy stuff and pays everything before the due date to avoid interest), so I'm not sure how prudent and option this would be.  He can't apply for one as this CCJ is on file (as i type this I realise he could pay with hers, CCJ removed, apply for his own and use it to pay hers, but I don't think you can pay someone elses credit card with a credit card and still get interest free. Plus, he really doesn't want a credit card.  I think this may open a whole new can of worms with mummy dearest that I'm really not sure I can deal with at (it always comes back to me)