Setting aside ccj

taylor94

Hi, I found out I have a ccj on my credit file which was issued April 2021, upon investigating this it was a parking fine from January 2019 from civil enforcement ltd. I hadn’t received any notification of the fine or court judgement as communications where sent to an address I left in 2018. 

I have read a few posts on here to get an idea of what course of action to take.
I have contacted civil enforcement ltd explaining that I didn’t know about the fine and asking for consent to set aside ccj. 

They have now responded to me and asked me to pay £85 to settle the ccj (this is reduced from £297) 
And then they will send me the documents for me to send to the county court and I will make a payment of £108. 

I need some help on how to move forward please. 

Am I correct in thinking I should decline this and ask them to give me consent to set aside without settling the ccj and stating my reasons why. 

Or do I go straight to county court and apply for it to be set aside without consent? 

Or would I be better to pay the £85 and try to get the settled ccj set aside? 

Thanks

Le_Kirk

What is the amount on the CCJ from the CCBC.  Those figures do not add up (well the £108 is correct)  but £85 to settle a CCJ that is supposed to be £297!  You need to have the court judgment in your hand so you can make an informed decision.

Thrugelmir

taylor94 said:

Hi, I found out I have a ccj on my credit file which was issued April 2021, upon investigating this it was a parking fine from January 2019 from civil enforcement ltd. I hadn’t received any notification of the fine or court judgement as communications where sent to an address I left in 2018. 

The only reason communications would have been sent to old address is that you hadn't updated DVLC in a timely fashion. 

KeithP

Thrugelmir said:

taylor94 said:

Hi, I found out I have a ccj on my credit file which was issued April 2021, upon investigating this it was a parking fine from January 2019 from civil enforcement ltd. I hadn’t received any notification of the fine or court judgement as communications where sent to an address I left in 2018. 

The only reason communications would have been sent to old address is that you hadn't updated DVLC in a timely fashion. 

That is certainly one reason but not the only reason.

Some of these parking companies choose to use an out of date address even if they have a correct one.

taylor94

Le_Kirk said:

What is the amount on the CCJ from the CCBC.  Those figures do not add up (well the £108 is correct)  but £85 to settle a CCJ that is supposed to be £297!  You need to have the court judgment in your hand so you can make an informed decision.

The outstanding amount on the ccj on my credit file is £297. 

The email I received from civil enforcement ltd states that as I was unaware then I can make a full and final payment of £85 to them to settle it 

D_P_Dance

Do they want you to pay court fees as well as their £85?

taylor94

D_P_Dance said:

Do they want you to pay court fees as well as their £85?

Yes, sorry.. £85 to them, £108 to court 
my main hope is to get the ccj removed, I don’t mind if I have to pay or not 
just not sure whether I do what they are asking or go to court without settling first 

Le_Kirk

It seems very strange that they are prepared to let you pay £85 for a previous speculative invoice where they won at court and obtained a judgment for £297.  Are you sure it is not £85 on top of their £297?  One needs to watch these parking companies, they are known to try underhand tricks; what you don't want is to appear to pay the CCJ and have it marked as "satisfied" rather than expunged.

taylor94

This is screenshotted from part of the email I received from the civil enforcement legal team 

taylor94

More from the email.. 

KeithP

taylor94 said:

This is screenshotted from part of the email I received from the civil enforcement legal team 

The last line on that image you have shown us seems to be saying "The CCJ will be marked as satisfied...".

That is definitely not what you want. A 'satisfied' CCJ is not much better than an unsatisfied one.

You want the Judgment set aside, not marked as satisfied.


But of course as you haven't shown us the full message I may have completely misinterpreted those bits that you have shown us.