CCJ I didn’t know about!

Jamesingram1

Hi there, this is a bit of a complicated and long story.

I’ve just discovered I have a CCJ on my credit file after wondering for a few months, why am not able to get credit anywhere. Although I cannot see who the creditor is, I have a suspicion, it is Havant Borough Council. 

 

I will try and provide the same as much detail as I can, but my memory is fading on everything that’s happened. 

In 2022 I had a parking ticket come through the post, I started to discuss it with the council by email, and all went quiet, however  what I didn’t know was the council had gone quiet because they posted me a (I think) TOC form (if that’s what it’s called) and just as luck would have it, I moved out the day before it arrived. As the emails had gone quiet, I thought the council had just let me be, and I had made my case successfully. I thought no more of it.  Anyway, the first I knew of any escalation was when I had a DCA letter come through the post at my new address saying an order of recovery had been obtained against me. I then had a baliff knock my door, and I ended up speaking to him on the phone. He told me I was one of the very few people he didn’t feel was trying to pull the wool over his eyes because I could actually prove to him that I had moved out of my house and I was engaging with the council. He said he wasn’t going to continue to chase me for money, we had each others numbers at this point, and he was actually very helpful.  I didn’t hear from him again. 

Anyway, the council ask me for proof I wasn’t the keeper (I go through a lot of cars and it’s also my job) and I submit them evidence from the DVLA saying that I wasn’t the keeper at the time of the ticket.  Again, radio silence.

I move house (again)  and now find I have a CCJ

I have engaged with the council and the DCA. I have not been evasive at any point, I have tried to argue that the initial order was obtained improperly etc, and now I assume it’s gone to court and there’s been a judgement. 

Do I have any prospect of unwinding this?, I’m mildly autistic, I can word myself how I wish to but I do get easily confused if I have to follow processes I don’t understand. This is one of them. I don’t know if I haven’t done something I was meant to, and I’m not a big worrier, so when something goes quiet I just forget about it. 

Can anyone help me on this? I have spent years bulging my history so I can get a mortgage and this is ruining my hope. 

Jamesingram1

I also don’t know if I have a case because I had already presented the council evidence that I wasn’t the keeper at the time and they continued to take action against me regardless. I also should add that this CCJ has a judgement date of 27/04/23, but I moved out in mid Feb. Wether it is the council or not, how on earth is it possible that a claim could have been heard 2 months after I moved out? Supposing a claim form arrived the day after I moved out (18/02) with the deadline to respond and submit evidence and then to issue a date… surely that’s impossible in the space of 2 months? 

Coupon-mad

Councils can't get CCJs for PCNs.  The law prevents them from affecting credit ratings.

Your CCJ is from a private parking firm, perhaps one you never heard about.  Phone the CCBC in Northampton and ask for:'

- Claimant's name

- Solicitor used

- date of claim

- date of CCJ

- which old address of yours was it sent to?

- an email sent from the CCBC to you (while you wait on the phone so they don't forget...) attaching or copying & pasting the Particulars of Claim.

Then come & tell us all of the above.

NO CLAIM WAS 'HEARD'.

THIS IS A DEFAULT CCJ. AUTOMATIC - DUE TO YOU NOT DEFENDING WITHIN 19 DAYS.

YOU WILL BE APPLYING TO SET IT ASIDE AND YOU WILL NOT BE PAYING IT.

Jamesingram1

Thank you. I’ll see what this is all about. I still don’t get how it could go to a hearing so quickly 

Jamesingram1

Certainly not enough time for an LBA + evidence from n1 

Coupon-mad

I explained how - I think you missed my later edit at the end, where I said there was no hearing.

Jamesingram1

Yes I did. Thanks for the update. I will contact court and update you !

Jamesingram1

Thanks Couponmad

this is what the court sent me this morning  I know exactly what this is  a basically unsignposted bit of wasteland . 

KeithP

It says in there...
DETAILED CLAIM PARTICULARS TO FOLLOW. I WILL PROVIDE THE DEFENDANT WITH SEPARATE DETAILED PARTICULARS WITHIN 14 DAYS AFTER SERVICE OF THE CLAIM FORM.

Where are those 'detailed particulars'?

Coupon-mad

Yep you need to track those down.  Either from the CCBC or from your old address.

Jamesingram1

Coupon-mad said:

Yep you need to track those down.  Either from the CCBC or from your old address.

I don’t have access to my old address. I called CCBC and they told me the don’t have particulars, because I didn’t respond to the claim it was awarded by default