CCJ Removal - Starting Point

Robt123

Hi there, I apologise in advance if this has already been answered on the forum, I have had a good look around but cant find a specific answer to my specific issue. I am trying to help my son get a  CCJ set aside , he recieved a parking fine from Parking Eye Limited to his Moms old address, the usual story, he wasnt aware, court summons etc etc... this was due to a timing issue with applying for his V5C to be changed with the new address.. He became aware of the CCJ when his mom opened his post at her current address, from a debt collectors chasing payment on the umpaid County Court Judgement. He immediatly rang up and paid the fine , and asked for advise from the debt collectors on how he could get the CCJ set aside as he wasnt aware any of this had happened. They told him to contact the County Courts Business Centre for advise. All we have is the case number from the paperwork recieved from the debt collectors, as we were never in receipt or have seen the court papers. As many of you may be aware the CCBC has a massive backlog, and despite been on hold on the phone (8 hours one day!) and many emails, and waiting the advisde response time as per the .GOV site advice because of this back log, I have recieved no response from them, if indeed they are the right office to contact.

My question is how can I go about getting this CCJ set aside with the limited info I have? I am quite happy to enter into the process my self, but is there another way of doing this? I have heard of third party companies that offer CCJ setting aside services, but am a little reluctant to use one of these.

Any advice would be greatly appreciated.

Just a sudden after thought, if all the paperwork went to his moms old address, how did the debt collectors get her new address to send the the debt recovery letter?

Thanks

Umkomaas

The NEWBIES FAQ Announcement, second post, explains how to apply to get a CCJ set aside.  

My question is how can I go about getting this CCJ set aside with the limited info I have? I am quite happy to enter into the process my self, but is there another way of doing this?

This is your son's action to take. You can't do it, nor can you do it 'On behalf of'. You can do the spade work, but he must sign it and own it. 

Just a sudden after thought, if all the paperwork went to his moms old address, how did the debt collectors get her new address to send the the debt recovery letter?

A simple 'trace'. Costs them 29p. 

Robt123

Umkomaas, thanks for the reply. I am aware my son needs to do this, as its in his name, but as you say I will be doing the spade work in the background. Just tryuing to keep my post as simple as possible. Do you have any advice on the actual question please?

Umkomaas

Robt123 said:

Umkomaas, thanks for the reply. I am aware my son needs to do this, as its in his name, but as you say I will be doing the spade work in the background. Just tryuing to keep my post as simple as possible. Do you have any advice on the actual question please?

Only that as I've already given about the NEWBIES FAQ Announcement, second post, providing guidance on how to apply for a set aside. Delivery of the court claim to an old address and the defendant not knowing of the claim is usually an automatic set aside - but it needs to be done quickly once the defendant becomes aware of the CCJ.  The advice in the Announcement was written by better legally knowledgeable people than me, so that really is your starting point, but do come back to this thread should you have any further queries after reading it. 

Gr1pr

As well as the above, you should be studying ongoing and finalised CCJ threads, there are dozens or hundreds on here to look at . Because most of the volunteers here have no personal experience, so same as you, but we do read a lot and know what is important for people to do or to study 

Plus 

This thread below was posted only yesterday, and coupon mad said that their case was an exemplar example too

https://forums.moneysavingexpert.com/discussion/6528103/youtube-guide-on-ccj-set-aside-process#latest

Watch and learn from the YouTube video as well 

But that Newbies thread in announcements that Umkomaas pointed you at is definitely the place to start 

Bear in mind that the set aside fee is now around £303 , not £275 ,  inflation !

LDast

There was no "offence", "fine" or "summons". What was the date of the CCJ? If it was over 30 days ago and your son paid it, that was a huge mistake. By doing that he has admitted liability for the debt.

The creditor now has no reason or incentive to assist in getting the CCJ set aside. Your son will have to pay for a full hearing at a cost of £303 just to get it set aside. Had the CCJ not been paid, the judge could have ordered that the claim be dismissed or re-served with costs reserved and it could have then been properly defended and won without having to pay a penny.

Had it not been paid, the creditor may have agreed to a set aside with consent which does not require a hearing although they would have probably insisted you pay the £119 N244 fee.

For now, you will have to either try and get the creditor to agree to a set aside with consent for £119 or apply for a set aside without consent for £303 with negligible chance of getting that money back. The judge may order the clam to be re-served but as they've already been paid, they will just discontinue and the only way you'd see that money again is if you sue them for it.

Robt123

Hi all, thanks for the usefull comments , info and links its much appreciated. Just to Clarify, we dont  know when the CCJ was  judged or awarded to the parking firm, as we only have one letter from the debt collectors stating the court case reference number. The letter from the debt collectors was dated 1st November 2023, but as my son hadnt been back to his moms for a few months (as he spends most of his time at his girlfriends) he didnt get to see the letter until 29th November. My son paid it the same day, and we called the debt collectors to discuss this on the same day. To be honest hes not fussed about contending the parking fine, thats too late now, (and he feels it was probably correct) or the fees involved, all he wants to do is get the CCJ set aside. We started trying to contact CCBC back in January, I work away  in Germany a lot and am busy at work, and despite persevering with contacting the CCBC, I have only just got round to looking at other options to sort this issue out, due to the lack of response. My son is not very confidet when it comes to sorting these sorts of issues out, due to his dyslexiya so its down to me to do the spade work.

Zbubuman

Robt123 said:

Hi all, thanks for the usefull comments , info and links its much appreciated. Just to Clarify, we dont  know when the CCJ was  judged or awarded to the parking firm, as we only have one letter from the debt collectors stating the court case reference number. The letter from the debt collectors was dated 1st November 2023, but as my son hadnt been back to his moms for a few months (as he spends most of his time at his girlfriends) he didnt get to see the letter until 29th November. My son paid it the same day, and we called the debt collectors to discuss this on the same day. To be honest hes not fussed about contending the parking fine, thats too late now, (and he feels it was probably correct) or the fees involved, all he wants to do is get the CCJ set aside. We started trying to contact CCBC back in January, I work away  in Germany a lot and am busy at work, and despite persevering with contacting the CCBC, I have only just got round to looking at other options to sort this issue out, due to the lack of response. My son is not very confidet when it comes to sorting these sorts of issues out, due to his dyslexiya so its down to me to do the spade work.

With regards to getting the date of the judgement, this should show on his credit report. you can request a free one from Eperian, Exuifax and others ( it depends if the address where the papers were served is linked to his credit history). Alternatively you can get a small report from Trustonline ( this is a paid service - forgot the exact figure but its around £5 or £6)  https://search.trustonline.org.uk/Search/CaseNumber 

Robt123

Hi Zbubuman, I didnt think of that. I will take a look. Strangely the judgement wasnt showing on his credit report up until two weeks ago and all his previous addresses are linked. I also applied to Trustonline for a report for £6, back in March this year, as it wasnt displaying on his credit report,  and this didnt show up either on their report, foer any of his previous addresses. I am assuming the judgement was passed before November last year and that theres been a delay in this being updated on his credit report.

Zbubuman

Robt123 said:

Hi Zbubuman, I didnt think of that. I will take a look. Strangely the judgement wasnt showing on his credit report up until two weeks ago and all his previous addresses are linked. I also applied to Trustonline for a report for £6, back in March this year, as it wasnt displaying on his credit report,  and this didnt show up either on their report, foer any of his previous addresses. I am assuming the judgement was passed before November last year and that theres been a delay in this being updated on his credit report.

you can also search by Case number on trust online. So you should be able to put the claim reference given by the court ( if you have it) and search that way.  

Gr1pr

The CNBC should be able to email copies of the paperwork seeing as you have the claim number, but it must come from your son, even if you are doing the spadework on his behalf 

He or you may already know the date of the judgment, but it sounds like he missed the 30 days deadline if the CCJ is actually still on his credit report.  The justice system has deadlines etc, miss those and it gets harder as time goes on, especially if he found out last year and he or you have sat on it for months ( I appreciate your circumstances,but courts and judges don't like 4 to 6 months of delays and definitely do not like credit cleansing. )

Take heed of all the replies, you may think that its just a paper exercise but its anything but, with no guarantee of success, especially as its been paid so a contested set aside based on the incorrect address may not work but the fee would still be payable 

A with consent set aside may be possible, but I suspect that you or your son will be paying for it, not the claimant, and the catalyst PCN and incorrect address and court claim etc may end up consigned to history and not in play