County Court Judgement I knew nothing about

asp746

I've just tried to apply for a loan and a couple of comparison sites have said nobody will lend to me so i've obtained my credit file.  It has two CCJs on dated 18th May 22.  They're both for £257.  We've figured out the most likely thing would be a parking ticket and i've just dug out my V5 and it's still at my old address.  I rang the court for over an hour but couldn't get through so i've emailed them.

I'm reluctantly happy to pay the monies owed but can anyone offer any advise on how i could get the ccj removed.  I'm guessing once its been paid my file will have 'satisfied' but this could have implications for me employment wise.   Has anyone had any experience of this kind of thing.  Thanks

Sandtree

If they are parking tickets then look on the parking subforum of Motor on this site as lots of people talk about unknown parking ticket CCJs and getting them set aside. If its not a parking ticket then you need to reconsider depending on what they are (though the set aside process is the same). 

[Deleted User]

I echo the above to post on the parking forum for advice, however, you have to pay the CCJ in the first 30 days for it not to be recorded. Changing the address on the V5 is mandatory, indeed, the DVLA can fine you £1000 for not doing so. A set aside will cost you a reasonable whack and you would need a compelling case why it was wrong to issue you the CCJ (which you'd have to challenge with the help of the people on the forum). Given updating the V5 is a requirement, the court might not take it lightly that you are now challenging it.

asp746

the ccj system is so harsh for minor misdemeanors, i'd rather be fined by the dvla than have six years of being unable to secure credit.  The punishment doesn't fit the crime.  I've fessed up as soon as I've realised and it's not like i've run up bank loans and credit cards and then refused to pay, parking situations where people have genuinely overlooked changing address should be a different case and looked at more sympathetically.  

fatbelly

It's £255 for set-aside I think unless you're on a low income.

The experts are on the parking board

[Deleted User]

asp746 said:

the ccj system is so harsh for minor misdemeanors, i'd rather be fined by the dvla than have six years of being unable to secure credit.  The punishment doesn't fit the crime.  I've fessed up as soon as I've realised and it's not like i've run up bank loans and credit cards and then refused to pay, parking situations where people have genuinely overlooked changing address should be a different case and looked at more sympathetically.  

The parking firm are only able to send the letter to the RK address on the V5, a DVLA fine for not updating your details is separate. I am no fan of parking firms but they haven't done much wrong here, you got a ticket, they sent the details to "your" address and as far as they knew, you just didn't respond to it. Whether they should have traced you is a question to raise during the set aside process but I don't know if they have any obligation to do so given you moved at some point and haven't updated the address.

MattMattMattUK

asp746 said:

the ccj system is so harsh for minor misdemeanors, i'd rather be fined by the dvla than have six years of being unable to secure credit. 

It will not be six years before you are able to obtain credit. With the size of the CCJs, provided your finances are in a good state and you do not gain any more CCJs they will have minimal impact in a year and will decline more from there. You might have to pay a slightly higher rate of interest, but it will certainly not stop you borrowing. 

asp746 said:

The punishment doesn't fit the crime. 

Future lending is not based on punishment, but on risk. Unfortunately your lack of attention in updating the DVLA will also reflect an increased future risk so there will rightly be an increased cost of borrowing in the short term, it does not however mean you are cut off from the financial system.

asp746 said:

I've fessed up as soon as I've realised and it's not like i've run up bank loans and credit cards and then refused to pay, parking situations where people have genuinely overlooked changing address should be a different case and looked at more sympathetically.  

They might be, also being that it is a small CCJ. The next question is have you also updated your driving license? If you have not then you will have been driving illegally, also did not changing your address invalidate your insurance? You have mostly got away with this in the form of two minor CCJs that will be largely irrelevant in a year or two, but you need to make sure there are not wider consequences for any other things you have missed when you moved. 

penners324

Did you update everyone else when you moved? Hmrc, dvla (x2), banks, insurances, pension companies, tv license, council tax, electoral register, credit reference agencies, credit cards?

Hope you didn't miss your car tax as well

asp746

I changed addresses for everything was so careful - i did change my driving licence, i think i couldn't put my hands on the V5 and i've overlooked it, like I say i take responsibility but 2 x ccjs that's a shock.  I've now located the v5 and new one came within 3 days   .  It's a lesson learned for sure.  Btw will it be £255 per ccj - or is it per hearing?  And is set aside the same as settled.

Thanks everyone!

macman

'Settled' is the same as 'satisfied': the CCJ's remain on your history, as they are a record of fact. Set aside means that the CCJ is removed.
I can see no valid grounds for you obtaining a set aside though, as the complainant has done nothing wrong-you were served the paperwork at the address you left on file. Forgetting to update the V5 is not a valid reason for a set aside.

asp746

i've tried ringing the court but just continually on hold.  I've emailed over one week ago and not had a reply however I have had two debt collector lettes from DCBL asking me to get in touch within two weeks to arrange payment.  I'm worried that if I pay then i'll not have the opportunity to have it set aside.  The letter says 'this case is not subject to high court or bailif action however should you fail to contact us, our client may consider enforcement action'.  What are DCBL like - are they reasonable as I don't have the full amount available to pay.