Please advise - I've applied for Set Aside but it was not successful.

Coupon-mad

jennijenjen said:

Sent...I'm worried but nothing more I can do now! Thank you for your help.

It is all you could do.  Did you find an email address to copy in Gladstones?  And which email address did you use for the CNBC?

jennijenjen

I am waiting for the Court to respond but it has been quiet. Since I am in the middle of applying for a mortgage and a broker advised that I settle the CCJ? She says at least on my record, it will say that it has been settled so it would be acceptable for some of the difficult lenders.

I understand that even if I succeed at setting aside the CCJ, I would then need to pay the cost claimed by the Claimant. So I've already spent £275 on the Set Aside application, then I potentially need to pay the Claimant, £293. 
I've looked up for a Solicitor to help me set aside and they potentially cost +£1,000...so the "cheapest" option is for me to settle the cost even though I have to risk it remaining on my credit file for another 3 years. (Unlikely that we will purchase another property in 3 years but no one knows)

If anyone who knows this process better than me and offer me recommendations it would be great.

Mikeh2001

It is a realistic goal for the CCJ to be set aside, get all your costs recovered from the claimant and pay nothing.  You should not be out of pocket if the claimant has not served documents to the correct address. 

However it's *critical* you act quickly (the judge will take a view on this) so I suggest you phone the court ASAP to find out what is going on.  You might need to wait a long time and/or phone at 08:30am.  Persist until to get a clear answer.

I am not fully clear what you have sent to the court. Could you clarify what you sent and to which email address as per earlier question?

While it's possible to secure mortgage with a settled CCJ (at above average rates) have you considered things like mobile phone contracts, insurance and anything else that involves a credit agreement?  Your ability to get these will be impacted if you don't get it set aside.

If you search this forum for "CCJ" or suchlike (sort by latest post) you will find many examples of folks who have successfully got these set aside.  There is also plenty of information on the newbies thread.

Coupon-mad

You need to be following that up with the CNBC.

Nellymoser

As you didn't receive all the required letters you may wish to support this.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable

Thank you and good luck getting that  judgment set aside.

Coupon-mad

jennijenjen said:

I am waiting for the Court to respond but it has been quiet. Since I am in the middle of applying for a mortgage and a broker advised that I settle the CCJ? She says at least on my record, it will say that it has been settled so it would be acceptable for some of the difficult lenders.

I understand that even if I succeed at setting aside the CCJ, I would then need to pay the cost claimed by the Claimant. So I've already spent £275 on the Set Aside application, then I potentially need to pay the Claimant, £293. 
I've looked up for a Solicitor to help me set aside and they potentially cost +£1,000...so the "cheapest" option is for me to settle the cost even though I have to risk it remaining on my credit file for another 3 years. (Unlikely that we will purchase another property in 3 years but no one knows)

If anyone who knows this process better than me and offer me recommendations it would be great.

What did the CNBC say when you phoned them to hurry the application along?