I have a CCJ issued from CCBC

downwithhx

Hello!

First things first: I have ADHD and I have read the Newbies thread. It is very overwhelming, please accept my apologies if i have missed something. I am trying to get this sorted but I struggle with taking a lot of information on at once. Please be gentle/patient!

Bullet point info

10.06.22 - Parking fine issued by HX Car Parks (£100 reduced to £60)
01.07.22 - I appealed decision based on unclear signage and was only there for 5 minutes. I thought the land was owned by the petrol station I went into the shop. I also said it caused no financial loss to them so the costings was unjust.
11.07.22 - HX reject the appeal - I didn't contact them after this.

September 2023 - Gladstone solicitors claim they contacted me but I never received a letter

Fast forward to January 2023 (I was abroad between January - March)

My dad received letters to his house, gives them to me on 19th March. And now I need to untangle this mess.

12th January 2023 - Claim Form from CCBC (£251.82)
13th February - Judgement for Claimant letter from CCBC (£275.12)
16th February - Letter from Gladstones stating that they have a CCJ against me.

I've checked online and I do have a CCJ against me but is not showing on my credit score yet. 

I rang the court - they said I need to pay the CCJ and then appeal to have it "Set-Aside" for an additional £275. Does that mean I need to pay that ON TOP of the £275.12 Gladstones are asking for?

What should my next steps be?

I assume at this point I need to pay the thing. It's completely corrupt as it should've been £60 initially. 

Thank you all in advance.

Coupon-mad

The court are WRONG. You do not pay it.  DO NOT TRY TO PAY IT. DO NOT RING UP GLADSTONES.

If you pay it you are in a weaker position.

However, you do apply to set it aside.

You should get the Judge agreeing if you were abroad and thus could not respond to he claim.  You will also need an idea of what defence you have because the Judge will ask.

Follow what is explained in the NEWBIES thread second post about setting aside a CCJ.

You must act very 'promptly' to have a chance of the Judge agreeing, so that means putting in your N244 and witness statement and evidence you were abroad, THIS WEEK OR NEXT.

Do not state this in your WS or at the hearing because it is not a defence at all:

"I also said it caused no financial loss to them so the costings was unjust."

Nope.  Unseen (non-prominent) signs and only being 5 minutes is a reasonable defence.

Grizebeck

I don't think it makes any financial sense to pay £275 for the set aside which they may or may not and then have a claim to deal with 
Now you will now have a CCJ on your credit file 
If a CCJ has no negative effect on you then i personally wouldn't bother paying OR you can pay it at a later date should you need to show it as settled 
But would i pay for a set aside in these circumstances ? no i don't think i would

Coupon-mad

I would if it's a young person who can't have their chances of getting accepted for flat rentals or even just a new phone, ruined by a CCJ on their file.

Maybe they qualify for help with fees - low income?

Grizebeck

Coupon-mad said:

I would if it's a young person who can't have their chances of getting accepted for flat rentals or even just a new phone, ruined by a CCJ on their file.

Maybe they qualify for help with fees - low income?

If they get help with fees then yes its definitely worth doing ,

B789

Very few people are fortunate enough not to rely on credit. To languish in the knowledge that for at least 6 years you will struggle to apply for almost anything that involves credit is not going to suit most people.

Whilst there is a risk that a set-aside application will fail, in most cases where a CCJ has been issued by default due to an improperly served Claim, as it appears to have been in this case, and the defendant can prove they were not in the country to be served, then surely it is worth making the effort.

Even if the Claim has to be re-served, even if the defendant lost, the amount due would be less than the original CCJ as all the false added costs that were in the default CCJ wouldn't be allowed.

Grizebeck

Plus the £275 if no help with fees....

Coupon-mad

Yep but they won't lose the case itself.  Almost unheard of here.

B789

As a matter of interest, in a case like this, if it is set-aside without consent, is it likely or even possible that the judge would order that the set-aside costs are reserved or is the defendant liable to those on receipt of the set-aside judgment? 

Umkomaas

B789 said:

As a matter of interest, in a case like this, if it is set-aside without consent, is it likely or even possible that the judge would order that the set-aside costs are reserved or is the defendant liable to those on receipt of the set-aside judgment? 

I guess the question is, what has the claimant done incorrectly?

B789

Umkomaas said:

I guess the question is, what has the claimant done incorrectly?

Point taken. Thank you.