Help please - CCJ & Debt Recovery – from unknown Parking fine

Coupon-mad

Do yourself a crib sheet and read the Hearing Tips section in the NEWBIES thread.

Jack5656

I have received the SAR from CEL and quite shocked at how many letters were sent to an old address. It seems CEL passed my details to a debt collector called ZZPS who must be highly ineffeicient as they sent threatening letters to my old address in May & June 2018 and if they did any trace action they shoud have realised this was not my address!

Then in October 2018 CEL sent the claim to court and got the incorrect CCJ and amazingly were still writing to my old address in 2020 saying:

We now intend to apply for an Order for you attend before a Court Officer for questioning about your financial status, including: who you work for; how much you earn; your bank accounts and credit cards; and what possessions you own. We may then enforce the Judgment against you through an Attachment of Earnings Order, Third Party Debt Order or a Warrant of Execution using the Court bailiffs. The Court fees and legal cost of this process is at least £265.00 which will be added to the amount you already owe us. We hope to avoid taking this action against you if possible. As a final effort to try to settle the matter, we are prepared to accept £261.41 in full and final settlement of the outstanding Judgment debt if you pay within 14 days of the date of this letter.

Coupon-mad

That is horrible.

For 29 pence in 2018 they could have traced your address (which was always an obligation on them) and re-issued the PCN, as the new Govt Code of Practice now requires.

Jack5656

I agree Coupon. I have noted the last letter from ZZPS was dated in Janaury 2021 - how on earth can ZZPS (on behalf of CEL) justify being unable to trace my address after all that time when I moved in 2018 and notified every bank and utility company of my move within 2 weeks of moving address?!

I hope the judge will see this is totally unrreasonable. Of course CEL will argue ZZPS do make traces and didn't find me, but that can't be true as I was there to be found. I wonder if CEL can produce proof of ZZPS trace actions?

Coupon-mad

How about sending a SAR to ZZPS?  Gary Osner will love it.

Castle

Have you seen a copy of the original court claim; and if so, was it signed by a firm of Solicitors or by CEL?

patient_dream

Coupon-mad said:

How about sending a SAR to ZZPS?  Gary Osner will love it.

Yes, will Osner fully understand I wonder ?

The standard SAR is free. For a comprehensive reply it would be worth investing £10 as per the ICO

Jack5656

Castle said:

Have you seen a copy of the original court claim; and if so, was it signed by a firm of Solicitors or by CEL?

I have in the SAR the claim form that CEL submited to the CCBC and yes it is signed by CEL only.

Jack5656

Do you think it is a good idea to send the enitre SAR (25 pdf pages) from CEL to the County Court for Judge to review (showing all their letters were sent to the old address), or is that overkill? I don't want to add more paperwork unless if adds weight to the defence?

Coupon-mad

Maybe do the SAR to ZZPS first as proof that they never did a soft trace would be more compelling to add.