DCBL / Court Papers - wrong address

Coupon-mad

Due to ignoring a claim, he now has a CCJ, which was inevitable I'm afraid.  We advised you or him to respond.

yasdee144

are you actually able to help sort it ? Or I can seek legal advice because I am certain for 100s of people this sort of thing does happen where they don't receive the paperwork etc. yes he never responded but in fact he did by contacting the court and telling them the person named on the claim form is not him and does not live at his address.

Coupon-mad

But as you have the same first name and last name, to all intents and purposes his credit rating is now damaged for six years.

I did try to help when you first posted and I warned - in capitals for emphasis - not to do what you were proposing because returning the claim form marked 'not at this address' would definitely result in a CCJ.  This was the first paragraph of my first reply on this thread:

Nope - DO NOT RETURN THE COURT FORMS - you'll get a CCJ if you fail to defend the claim

This is now an expensive mess to sort out:

- you (or him) could opt to pay it in full within 30 days.  if that's done in full and immediately, the CCJ is then wiped.  If you don't do that, his credit rating is ruined for 6 years (as he has the same name as you and the CCJ looks like it is against him).

- Or, he could apply to set it aside but that costs £275 in fees, with no guarantee a Judge would agree.  He would have to attend a hearing and provide evidence that this wasn't him - not his parking charge - and that on the BAD advice of a CNBC clerk, he sent the claim back marked (whatever he wrote on it).

- if he seeks legal advice, that will double the costs and a solicitor will tell him to pay both of the above.  Because that's what solicitors think has to be done.  They'll say pay the CCJ and apply to set the CCJ aside (and pay the solicitor a chunk of money on top).

- he could contact Contestor Legal.  Google them. At least they know what they are doing (because they are parking court claim/CCJ specialists) but they charge a fee too.

- finally, he could wait till the CCJ hits his credit file then contact Experian, Equifax or whoever, and/or Trust Online, and provide evidence to have a correction notice added.  But how does he prove that he isn't the same person?  I don't know.  Not easy...

Compared to all of the above, defending the claim was what he or you should have done.  Responding to the claim would have been free (very easy) and was the right advice.

Johnersh

Personally, if it were me, because I like an easy life *and only if the o/p is still within time* I would pay the default judgment thereby ensuring it is not registered as an undischarged county court judgment (ccj). That *should* mean that there is little long-term consequence.

If out of time it gets much trickier. Its unclear that there's really a good argument to apply to set aside and it risks throwing good money after bad.

Any future PCNs should be promptly defended. If brother wants shot of it, he can name the o/p as driver specifically providing a correct address - that would need to be done before any new court proceedings were commenced. It would then be on the o/p to defend, with the PPC having evidence of who was driving.

yasdee144

Thanks John. Sorry what do you mean by o/p? and as I said with this most recent case I have defended it (well brother has), as per your advice, to say he wasn't the driver etc

Umkomaas

yasdee144 said:

Thanks John. Sorry what do you mean by o/p? and as I said with this most recent case I have defended it (well brother has), as per your advice, to say he wasn't the driver etc

O/P = forum-speak for Original Poster, in this case - you!

LDast

yasdee144 said:

Thanks John. Sorry what do you mean by o/p? and as I said with this most recent case I have defended it (well brother has), as per your advice, to say he wasn't the driver etc

Your brother did not "defend" it. Just calling the CNBC and telling them "he wasn't the driver" is not defending anything. No one advised you to just call the CNBC.

yasdee144

no. he actually responded to the claim form, filled in section 3? defence? signed it and sent it back via post. he also sent a digital copy to the cnbc email for which he received a reply yesterday. 

Gr1pr

yasdee144 said:

Thanks John. Sorry what do you mean by o/p?

Look to the right of your yasdee144 username in your posts, it shows *OP in white text on a red background 

OP = Opening Poster, meaning the person who Posted the Opening post in the thread, so you Own the thread because you started it 

LDast

yasdee144 said:

no. he actually responded to the claim form, filled in section 3? defence? signed it and sent it back via post. he also sent a digital copy to the cnbc email for which he received a reply yesterday. 

What was the "issue date" on the claim form? On what date did he "post" the defence back to the CNBC? What EXACTLY did he write in the defence (verbatim)?

One thong is fairly obvious, neither you nor your brother has bothered to read the Nebwies/FAQ thread.