CCJ - Issued to an old PO box

subzero1988

And it's on my list of TransUnion historical addresses, but has never been listed as my current address.

It was last updated on 31st may 2024, I assume it must be linked to one of my credit cards still and maybe updating as a "known" address from there.

Would this have any bearing affect?

Gr1pr

The only way to get a CCJ removed is a set aside, as you mentioned in your first post, where you convince the court to set it aside, so I think that its pointless complaining to a credit reference agency 

If that CCJ date is correct, the other alternative is to pay the Claimants lawyers in full, before the CCJ deadline, typically within 30 days following the CCJ date , in order to get it removed from any credit reference agency records 

subzero1988

That date is correct - I rung the court today and they confirmed.

For the sake of £285 maybe it is just easier to pay unfortunately 

LDast

If the claim was not served correctly, i.e. to an address you no longer resided at, then it is a compulsory set aside under CPR 13.2. If it was served incorrectly then it is the claimant fault and you should not have to bear the cost of the N244 application for the set aside if successful.

You have two options for now. If you pay the CCJ in full within 30 days of judgment then it will be expunged from your credit record unless there is some other reason why it has been registered so quickly.

The second option is to file for a set aside under CPR 13.2 with CPR 13.3 as an alternative. It will cost £319 for the application but with advice from the forum you should be able to have the order apply for the cost to reimbursed by the claimant.

If you go for set aside, there is a likelihood that the original claim will be reinstated and you'd have to defend against it. There is also the possibility that the original claim will be struck out depending on any deficiencies we can see in the PoC of the original claim.

As the original claim was from UKPC, probably through DCB Legal, it is highly likely that if it had to be defended, it would be discontinued before it ever got to a hearing. UKPC rely on their claims going to default judgment rather than actually having to prosecute them and facing a spanking from a judge.

It's your money and credit record. Your choice.

subzero1988

Thanks for the detailed response.

That's put a lot more faith in the fact that I know I'm not in the wrong here - and I'll happily defend my case.

I'm going to apply for the N244 tomorrow and send it off to the court

Gr1pr

Also bear in mind that the original claim was a £100 Parking Charge Notice PCN ( not a FINE either. ) from UKPC, for whatever reason they sent it, not the £285 they claimed on the claim form from the CNBC in Northampton, a typical loss in court is about £200, not the £285

Plus once the original claim is back in the mix, you can defend it plus ask for the set aside costs etc too

subzero1988

Thank you - that settles it, will get the form sent off tomorrow 

LDast

Please show us what you intend put in the N244 as your WS before you send it off. There are other regulars on here who will be able to critique it and make sure you do not miss anything or incorrectly put anything in that isn't required or will cause you issues.

subzero1988

No doubt, I'll have a better read through the other threads regarding this topic and I'll post my draft here 

Coupon-mad

subzero1988 said:

No doubt, I'll have a better read through the other threads regarding this topic and I'll post my draft here 

There are 5 exemplars in the NEWBIES thread section about setting aside a CCJ.

And you should get your £303 fee back.  This is because an old PO Box is not an address for service.  A Claimant must take reasonable steps - prior to litigation - to ascertain the address of the Defendant’s current residence or place of business (‘current address’).