URGENT! Desperate for advice in removing a CCJ

ChopsClark

Hi,

I have read through lots of posts on here regarding parking tickets resulting in CCJ's, and I really wish I had found you earlier!

Trying to be as brief as possible; here is my situation:

In May 2019, while working, I met with an Estate Agent at a new development in London.  They had an agreement with the developer that clients could park for 30 mins once they gave their registration details to the concierge. I did this and left around 20 minutes after entering the development.

Months later, I received a ticket through the post which I disputed immediately.  I had several letters and emails back and forth with Parking Awareness Services, during which I told them that I had a witness statement confirming that I had given my registration to the concierge and I was happy to go to court.

After that point the emails stopped and I heard nothing more. 

We moved out of our home in August 2021, into a rental while we looking for a house to buy.  In September, I was handed some post by our ex neighbour (we had a forwarding service set up but some post slipped through the net), which included the Claim Form, dated July 2021.

I panicked and called the number of the court, to be told that I had missed a hearing date and there was now a judgement against me.  I explained my situation and was given the advice to pay the £275 court fee to have the Judgement removed.  I did this immediately and completed the N244 form.  We were looking to buy a house so it was vital that the CCJ be removed.

A hearing was set for April 2022 and I sent my bundle to the court and the claimant.  

Unfortunately, during the hearing it became apparent that the claimant did not have a copy of my witnesses statement.  I have no idea why they did not have this as even the judge could see evidence of it being sent. Frustratingly it meant the hearing was postponed until December!

Eventually we had the hearing which was incredibly unpleasant and the judge very rude.  I can see now how unprepared I was. Although I had gathered all my evidence, I had no clue of all the terms and arguments you speak of on this forum. Again, I wish I had seen this earlier! 

The judge agreed to set aside judgement, on the basis that I present a defence to the court and the claimant in a certain timeframe.  I did this, but yet again the claimant claimed not to receive it (it was emailed).  I was given an extension and served copies again, this time posting them recorded as well as emailing.

Naively, I thought that doing this meant that the CCJ had been removed and I was very surprised when it flagged up again on my credit report. 

The defence was confirmed received in March, and I have chased the court every week for an update.  We have had an offer accepted on a house and the only thing holding it up is this CCJ.  The mortgage lender will not proceed with the CCJ on my credit rating.

I have now received a General Form of Judgement or Order, confirming that the claimants request for judgement is refused, as well as a Notice of Proposed Allocation to the Small Claims Track.  I took this to mean that the CCJ had been removed, and things were back to square one, as if I hadn't missed the court date. However when I checked the Trust Registry, the CCJ is still there.

Our mortgage lender has given us a deadline and we are devastated at the prospect of losing our house because of all these delays.

I have no experience with these things and would really appreciate any advice on the next steps and how long it is likely to take before the CCJ is removed.  

I am about to post and email back the N180 Form. Is there anything else I can do?

Any help is greatly appreciated!

Thank you

Grizebeck

Please post up the general order
And fill out the n180 form and post to your local court.
And no not really. Where in the country you are depends on hearing timescales

B789

What is the date on the General Form of Judgement or Order?

Coupon-mad

Interesting.

Are you sure the CCJ on your record is the same CCJ?  There aren't two parking charges in play are there?

Compare claim numbers urgently.  Check them on EVERYTHING you have had.  It sounds like two claims to me.  It is possible the one that's popped up is ANOTHER parking firm 'bloodsucker'...

The court's letter clearly says "judgment is refused" (so there is no CCJ for that one) but please show us a redacted copy.

Who sent you the N180?

The local court or the CCBC?

I'd be putting in the body of the email that a CCJ is still showing and you need the court to clear it from the credit record under the circumstances.  ONLY once you are certain it's the same claim number...

Are any of these letters going to that old address still?  Hope not!

Do the court and Claimant definitely have your new address?

B789

I have tried to find out how long it takes from getting a set aside to having the CCJ cleared from the register. There is nothing definitive. This is the best I could glean from t'interweb:

If a County Court Judgment (CCJ) is set aside, the register maintained by Trust Online will be updated accordingly. However, the exact timing of the update may vary depending on several factors, such as the date of the original CCJ, the date of the set-aside order, and the process by which the information is updated in the register.

In general, Trust Online aims to update its register as soon as possible after receiving information about a set-aside order. However, it's possible that there may be some delay between the set-aside order and the update of the register, particularly if there are technical or administrative issues that need to be resolved.

If you have any specific questions about the Trust Online register and how it is updated, it's best to contact Trust Online directly for more information.

ChopsClark

Coupon-mad said:

Interesting.

Are you sure the CCJ on your record is the same CCJ?  There aren't two parking charges in play are there?

Compare claim numbers urgently.  Check them on EVERYTHING you have had.  It sounds like two claims to me.  It is possible the one that's popped up is ANOTHER parking firm 'bloodsucker'...

The court's letter clearly says "judgment is refused" (so there is no CCJ for that one) but please show us a redacted copy.

Who sent you the N180?

The local court or the CCBC?

I'd be putting in the body of the email that a CCJ is still showing and you need the court to clear it from the credit record under the circumstances.  ONLY once you are certain it's the same claim number...

Are any of these letters going to that old address still?  Hope not!

Do the court and Claimant definitely have your new address?

Hi,

Thanks for the response.

Its definitely the same claim number.  I just double checked to be sure.

I spoke to the court (they are completely useless. Its just an enquiries line so no one has any legal knowledge), and the lady told me that the CCJ hadn't been removed yet and they were waiting for my N180 form to be returned.

It just all seems so strange to me.  Surely they need to remove the CCJ if it is going back to court?

I am posting the N180 today as it needs to be back by 2nd May.  Should I enclose a cover note explaining the urgency?

Also, what are your thoughts on mediation?  Should I say yes to this or is it opening myself up to admitting responsibility?

Johnersh

Assuming everything marries up....

Irrespective of what appears on the register, the judgment is, in law, set aside. So you take that to the mortgage Co and say there is no ccj as it has been newly set aside. The conveyancing solicitor should be able to assist with that. 

ChopsClark

Here are the 3 letters.
The first is the Judgement of Order dated 29th December, stating the judgement would be set aside providing I filed a full defence.
The second is the Judgement of Order dated 12th April, stating the judgement is refused.
The third is the Notice of Proposed Allocation to the Small Claims Track dated 12th April, stating that I need to complete the N180 form and return it by 2nd May.

Boat_to_Bolivia

Just a heads up, email the N180 and copy in the claimant.

No to mediation.

ChopsClark

Johnersh said:

Assuming everything marries up....

Irrespective of what appears on the register, the judgment is, in law, set aside. So you take that to the mortgage Co and say there is no ccj as it has been newly set aside. The conveyancing solicitor should be able to assist with that. 

Our mortgage broker has all of the letters and has been great. She cant understand what's going on either.  Unfortunately the bank wont seem to budge.  I'll speak to the solicitor and give them the letters too to see if there's anything they can do. They've not been very helpful so far though.

Coupon-mad

Definitely no to mediation and tick that you want a hearing (how to answer the Qs on a N180 is in the 2nd post of thd NEWBIES thread already).

And DEFINITELY put a robust covering letter or email demanding to know why the CCJ has not yet been removed from the register, given there was a hearing and Order to set it aside in 2022, and judgment has since been further refused by a Judge. The CCJ should have disappeared in January, so WHY is there still a CCJ on your record?