change of driver

Umkomaas

How much is the judgment for? 

kevnvicb

Umkomaas said:

How much is the judgment for? 

£354 in total 😢

kevnvicb

JerryJ64 said:

You now have an uphill struggle. The claim was not acknowledged or defended through no fault of the claimant. You are going to have to have a very strong argument and explanation for why you failed the above. What you have posted is weak and not really an excuse.

There are two CPRs you can invoke for a set aside reason. A mandatory set aside under CPR 13.2 and a discretionary set aside under CPR 13.3. You may want to have a look at those CPRs to try and understand what you need to argue. Either way, the set aside is going to cost you £275 which you will not be able to claim as costs should it be set aside. The claim could be set aside and then set for another hearing with no guarantee you will win.

In the meantime, unless the CCJ is paid in full within 30 days of issue, you will then have the CCJ on your credit record for the next 6 years unless it is set aside at some stage. Paying it in full within 30 days will get rid of the CCJ and any record of it will be expunged from your credit record. Paying it after the 30 days will only "satisfy" it but it will remain on your record.

The dilemma is whether your chances of getting a set aside are good or not. If they are good, it doesn't matter if it takes longer than 30 days (which it probably will) to get the set aside. However, if your set aside is unsuccessful, you are lumbered with a prro credit record for the next 6 years. 

If you pay the CCJ before the 30 days is up, your application to set aside is muddied because you will have, in effect, admitted liability for the claim. The PPC will fight tooth and nail against any set aside. It can be dome and there are a few cases on here where that has happened. However, it is not easy.

I'd wait and see what a few of the other regulars on here suggest before making any decisions.

sounds like we have no choice but to pay it now 😡

Umkomaas

If you pay the judgment @ £354 by the deadline set by the court (check the date - usually 1 month following the judgment), that will expunge it from your husband's credit record. All done, dusted, finished. 

You could chance a set aside @ £275 (but I don't see great reasons for the defendant not submitting the required paperwork in time), but if that's turned down by the court, it's £354 + £275 = £629. I see no prospect, even if successful in having the £354 set aside (pending a submission of a defence, WS and subsequent hearing), of getting the £275 refunded (the claimant did nothing wrong in meeting their side of court requirements). 

If set aside granted, the claim still needs to be defended, and if lost, you'll still be £629 in debt. 

Coupon-mad

I think pay it, sadly.

Shame, as it would have been very simple to defend if it had been acknowledged online in time. 

kevnvicb

Thankyou all for your help. I messed it up by putting my name on the AOS. After 4 years they got us 😡
Will just have to pay it now 

Coupon-mad

kevnvicb said:

Thankyou all for your help. I messed it up by putting my name on the AOS. After 4 years they got us 😡
Will just have to pay it now 

You just have time to get revenge and make change so these things don't go to court in future...vital please. 

Have you seen/done this Inquiry which closes on Friday?  PLEASE do it tonight or tomorrow if you want this litigation incentivised model to be stopped:

https://committees.parliament.uk/committee/102/justice-committee/news/198166/new-inquiry-justice-committee-launches-new-inquiry-on-the-work-of-the-county-court-amid-capacity-and-resource-concerns/

I've been posting about it on threads to encourage victims of parking claims to please use your claim form as evidence to tell the Justice Committee that consumers need a bespoke 'parking pre-action protocol' designed to keep cases out of court.

The Inquiry closes on Friday:

https://committees.parliament.uk/work/7972/work-of-the-county-court/

Your paperwork will be great evidence. This is about showing how parking firms abuse the court service. 

AND how confusing you found the forms. You can also tell them what a minefield it is already (legal language, and paperwork treating you/your other half like a debtor!).

There should be a bespoke private parking protocol to resolve cases without court, and an ADR set up by the DLUHC.

I think if enough people say the above sort of stuff, this Justice Committee will go and talk to the DLUHC guys I'm dealing with, and hopefully recommend a new pre-action protocol to stop the claim tsunami.

This inquiry is currently accepting evidence

"The committee wants to hear your views. We welcome submissions from anyone with answers to the questions in the call for evidence. You can submit evidence until Friday 22 December 2023."