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CCJ on my credit score but I don't know why
Comments
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I think that's the answer as to why you have the CCJ. You hadn't updated your V5 so all correspondence has been going to your former address.
The C and their solicitors haven't gone to reasonable lengths to find out your current address despite having received no correspondence from you at all since issuing the PCN and CCC.2 -
That is probably why, you're right. It's still annoying, and actually, very damaging right now, that they didn't bother doing simple searches at any time between July 2017 and today to find my new address.
Either way, I'm still in the same position. I'll get details from the court on Monday, find out what its all about, do the 244 form to get it set aside (I can use examples from the other threads to help me complete the form, applying it to my own situation), and that's it for now I think. When the hearing gets scheduled, I can prepare my defence and witness statements etc.
I think that's correct, isn't it?
I've seen a few threads where people contacted the other solicitors or parking company and I've seen some where they didn't. I have tried reading everything and I'm still not 100% clear.
I assume the first step is the 244 form, but I may ask for advice about steps after that.1 -
Yes correct. Get the details from the Court on Monday, then apply for the set aside.
It's fine to ask questions and advice here and it's good you are doing your research. It is a lot to take in so just give yourself time to digest the information.
The regulars here will help guide you through.2 -
Copy an example WS and Draft order bundle accompanying a N244 in a successful set aside case.
Examples in 2022 were by
@Jack5656
@Brokenchief
@parkingpains1PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
You'll have to decide on whether it will be a set-aside with or without consent. With consent will cost £108 and the PPC, obviously, has to consent to it. However, most are intellectually malnourished and will try and get you to agree to their "consent" as long as you pay them the amount of the CCJ and probably the £108 fee, even though they are at fault for the failure to serve the claim correctly.
If you go for it without consent, it will cost you £275 but then you can often get that paid back by the Claimant, either if you win a subsequent defence of the original claim or even at the set aside if your order is compelling and your WS shows wilful neglect by the C in not performing a simple search for your current address. As the original claim is over 4 months old, you will also add to your defence that as the original service of the claim was defective the limitation period has passed as per CPR 7.5 & CPR 7.6. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.5
However, if you do not argue that point forcefully and clearly, the judge may just set aside the CCJ and tell the Claimant to re-serve the original claim.
An example for a CCJ set aside is here: 1 April at 10:27PM
You will have to prepare a Defence for the original claim but that will be fairly straightforward using the templates on here. The judge for your set aside will want to know if you have a good chance at defending it.2
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