Please review my N244 Contest set aside application from Excel Parking

IloveElephants

As for this thread  -  N244/Contest set aside from Excel - I will email the court today and ask for a response as I have not heard anything back either. 

IloveElephants

Update - I sent my cheque to the court for £108 to review the case, I have attached the contested set aside letter from Excel parking with my N244 form. 

I noticed Excel has 2 CCJs on my credit report given on the same date, surely this is in breach of 
 
"cause of action estoppel - the same claimant is bringing another claim for materially the same facts."

The ccjs were issued on the same date in 2020 for the same value £185. One is marked Court Judgment paid but the other on my credit report is not paid.

What can I do? Should I cancel the cheque? I would like to tell the judge why Excel did not proceed this claim as 1? 

In total I have 3 CCJs on my credit report one from 2019 and 2 from 2020.


Shall I mention it on another N244 Form? Excel have 2 ccjs against me for the same facts. I do not want to get the outstanding ccj contested set aside now I know this fact, in fact Excel should pay me, please advice on how I can go about this? 

Jenni_D

Do you mean a consented set aside? (The fee for a contested set aside is £275 or thereabouts).

IloveElephants

Jenni_D said:

Do you mean a consented set aside? (The fee for a contested set aside is £275 or thereabouts).

Hi Jenni, thanks for your comment, 

I already have the letter from excel saying the ccj should not stand, I paid excel £185 3 months ago, so that is the contested letter, it clearly says the ccj should not stand, so I paid the court £108 to get them to look at this case, 

however excel have 2 ccjs on my credit report, for the same vehicle, dates issued and person, so now I want to tell the judge on my n244 form they should have consolidated the claims into 1 single claim.

How can I get the judge to look at my other ccj from excel? they were both issued in 2020

Jenni_D

CONSENTED!!! It is a different word to the one you are using and has an entirely different meaning!

IloveElephants

This is the letter I received form excel,

I will screen shot it later:

_________________________________________

Consent Order

_____________________________________________

BEFORE THE COUNTY COURT AT C

UPON the parties agreeing that the Defendant did not receive the Claim Form issued on the DATE 2020 before a Judgment was entered against them on the DATE 2020 and the parties agreeing that there be good reason to set the Judgment against the Defendant aside pursuant to CPR 13.3 (1)(b)(i).

UPON the parties agreeing a settlement for the amount claimed.

BY CONSENT IT IS ORDERED THAT:-

1. The Judgment entered against the Defendant in the above numbered claim on the DATE 2020 is to be set aside;

2. The Claim be dismissed;

3. There shall be no order as to cost.

AUTHORISED TO SIGN for and on behalf

Excel Parking Serivces Ltd

So the above is the letter they sent to me, i paid the court £108 to look at this particular case, however on closer inspection excel put 2 ccjs for the same date and same cost for the same claim on my credit report in 2020.

IloveElephants

Jenni_D said:

Do you mean a consented set aside? (The fee for a contested set aside is £275 or thereabouts).

Yes apologies, it was just an agreed set aside. Not Consented, 

IloveElephants

Moving forward, what must I do get in front of the court to tell them the 2 ccjs that I have from excel should not stand? One however has recently been paid and I paid the court £108 to look at the existing case. 

But I do not want to ask excel parking to write a set aside letter again as I believe this ccj should not even exist. It should have been rolled into 1 as it is to the same defendant and same location and same date. Please if someone could advise me on this. Thank you. 

Coupon-mad

For each CCJ you had to apply separately.

Agreeing by consent and relying on a Tomlin Order written by the PPC (who have bern paid off by you, and don't give two hoots whether their words work for you or not) is never a good idea as the Court might refuse...

...but you've started that route so can only wait for the Court to decide it.

The other CCJ hasn't been touched if you haven't made an application about that claim number.  One N244 per CCJ. 'By consent' is not advised.

IloveElephants

Coupon-mad said:

For each CCJ you had to apply separately.

Agreeing by consent and relying on a Tomlin Order written by the PPC (who have bern paid off by you, and don't give two hoots whether their words work for you or not) is never a good idea as the Court might refuse...

...but you've started that route so can only wait for the Court to decide it.

The other CCJ hasn't been touched if you haven't made an application about that claim number.  One N244 per CCJ. 'By consent' is not advised.

Hi Coupon-mad, thank you once again for your help and direction. 

It feels like this saga is never ending, 

Yes my mistake was to contact excel and ask for a consent order, so they agreed, now the ccj is marked "paid" on my credit report, however the other CCJ from excel which was issued on the same day and for the same amount as the "paid" one is still on my credit report, I have NOT yet made contact with excel about this one. It HAS NOT been touched as I have not made an application about that claim number.

I will send a N244 to the court - if "by consent is not advised" what is?  And do I have to pay the court yet again?

Thank you Coupon-mad.