Advice for CCJ - Not in country when served

NotAnotherOne

Coupon-mad said:

Just email the local court (if the case is allocated there by now) and cc in the Claimant's solicitors and tell them to ERASE the old address and note the new address for service for this claim, which is:

NEW ADDRESS

This is a family address where the D can br reached but the D will be living abroad for the time being, and will not have a home address in the U.K for the Autumn/Winter (maybe into 2025).

As such, the D requests a remote hearing in the event that the Claimant does not discontinue and/or if the claim is not strick out due to CPR failures.

Perfect! Thanks for this @Coupon-mad

NotAnotherOne

Sent over the n180 today and have already received a response from DCBLegal offering a settlement fee... 

NotAnotherOne

Is it necessary to respond to the offer declining? Otherwise I will just ignore email. 

Le_Kirk

NotAnotherOne said:

Is it necessary to respond to the offer declining? Otherwise I will just ignore email. 

Most posters just ignore.

NotAnotherOne

NotAnotherOne said:

Update on this: 

Consent order was signed by myself and claimant and filed with court.

Judge has accepted and now vacated the hearing tomorrow. 

So now my CCJ should be set aside. 

and I will await further instruction from the court and then prepare my defence. 

Thanks again @Coupon-mad for your help.

Hey all, 

Just coming back here as I have a question about this CCJ that was set aside in April. 

Case has now be allocated to the small claims track and I have a court date for 3rd March 2025. 

But my question is about the CCJ that I once had which has now been set aside. 

Why is this still affecting my credit score now? If the CCJ was set aside in April? Shouldn't it be cleared from my credit score by now? 

Or am I missing something?

Le_Kirk

NotAnotherOne said:

Why is this still affecting my credit score now? If the CCJ was set aside in April? Shouldn't it be cleared from my credit score by now? 

Surely that is a question for the credit reference agencies?  Are you sure it is cleared?

NotAnotherOne

Le_Kirk said:

NotAnotherOne said:

Why is this still affecting my credit score now? If the CCJ was set aside in April? Shouldn't it be cleared from my credit score by now? 

Surely that is a question for the credit reference agencies?  Are you sure it is cleared?

Thanks for the reply, I have now sent emails to credit references with my enquiry.

Regarding it being cleared, the following consent order was approved by the county court 

1. The judgment entered on 30/12/2021 is set aside;
2. The matter be allocated to the small Claims Track;
3. The Defendant is to file a Defence within 14 days of the sealed Order; and
4. 4. No order as to costs.

So I thought based on point 1. the CCJ had been set aside. 

Coupon-mad

It has.  So somebody has missed it.

Remind us of the defence you put in.

And show us your planned new WS which has to be filed & served well before March.

NotAnotherOne

@Coupon-mad

Defence I submitted included the CEL v Chan including the 4 page transcript

Everything else in the defence is from the defence template.

This includes a paragraph (6) with a quote from the BPA CoP

and below are the paragraphs added which are specific to my case.  

4.  The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

 

5. The defendant routinely parked their car to attend their place of work in a parking space on Kendall Avenue, W3 0XA. The Defendant had not noticed any signage close to the where the Defendant parked his vehicle, showing the terms and conditions for use, the Defendant was not aware of any restrictions that applied on Kendall Avenue, W3 0XA due to obscure signage which was impossible to read from where the defendant had parked. Due to the age of the alleged breach of contract which is over 7 years old the Defendant is unable to recall the exact reason for the PCN.

 

6. The defendant would also like to bring to the attention a paragraph from the BPA CoP which states 'Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new one' 

Do let me know if you need to see the whole defence. 

I have not yet started the WS.

Side note: I have now received 2 offers to settle from UKPC/DBL Legal 

Coupon-mad

That all looks fine. No need to see the whole thing as we know it well!

I predict a discontinuance next.