Received CCJ in default at old/incorrect address - Timescale prevented set aside.

Bollyboy_2

Morning folks.

I received a report of credit file change on 13th July, upon checking a CCJ had appeared on the 10th July.

Immediately checked with registry trust who informed me it was from Civil enforcement, after checking for more information it was entered in default regards a car park charge on the 14/04/2022 and the CCJ was entered at a previous address.

 The details were an address of my mother’s I lived at while moving house, I lived at the address approx 3 months where vehicle would have been briefly registered.

 I have not lived at the address for approaching 18 months and no correspondence was received as it would have been passed to me.

 Sadly, I was in the process of an imminent loan application so had to pay the CCJ for removal within 30 days as opposed to having it set aside, it’s now been paid (16th July) and CCJ has gone which was maybe 7 days later.

Would it be worth my time and stress and would I likely win if applying with MCOL for the money back, my mother passed away January so any paperwork (to previous address)  would have not had even been received such as letter before claim, etc 

The property was also vacant (since February)  as she was the sole tenant, I have all documentation such as council tax, bank statements showing my current address proving they are/were different for the past 18 months and latest documents would have been sent to an incorrect and empty property.

A credit reference check would have showed my current address which they obviously chose not to do for default judgement.

Having an application for it to be set aside would have been better choice but have the time constraints and urgency to pay the CCJ and have it removed made my claim for money back impossible, it’s just over £300 but it’s a matter of principle how they operate more so for me and how they don't do due diligence purposely.

Any help greatly appreciated.

Best regards.

Half_way

Check your credit record, as the CCJ  may still be there affecting your credit score, all be it marked as satisfied, but this has the potential to cause you issues for six more years. 

why did the vehicle get a parking charge notice in the first place, in who's car park was this and where?
I would be looking at going after the landowner, depending upon the answer to the above question

Bollyboy_2

Half_way said:

Check your credit record, as the CCJ  may still be there affecting your credit score, all be it marked as satisfied, but this has the potential to cause you issues for six more years. 

why did the vehicle get a parking charge notice in the first place, in who's car park was this and where?
I would be looking at going after the landowner, depending upon the answer to the above question

Hi,

Sorry I should have said.
The CCJ was paid within 30 days so it's removed from register. the initial parking was from a doctors surgery where you have to input car registration.
It could have been myself and I've forgotten once inside or the machine was often broke and they would write you details down and input when working again.

Length of stay was 21 mins if it has any relevance.

Thank you 

Coupon-mad

There is nothing to set aside now. No CCJ.

It would very probably be easier to do a claim against the parking firm and GP surgery (two defendants) for the sum you paid to clear the CCJ under the circumstances, blaming the faulty keypad.

Add £250 for damages for significant distress arising from abuse of your data (sending a claim form to an empty property with no checks done first) at a particularly vulnerable time in your life.

The 'thin skull' rule applies.

GPs sign an oath not to cause any harm. This has caused significant psychological harm and it is well known NOT to try this at GP surgeries, e.g. watch this video about CEL and send it to the Practice Manager with a LBC*

https://www.facebook.com/story.php?id=100063617558246&story_fbid=812074820923096

The parking agents of the surgery used the old DVLA car registered address data deliberately to file a claim, despite knowing it is unreliable data that cannot be relied upon for litigation service of documents (without further checks).  Also knowing the keypad was faulty and without doing the soft trace required under the Code of Practice.  They were in breach.

Keep the claim under £600 then the MCOL fee is low.  Well worth a punt because:

- To defend it, they'd have to prove it was working that day.  Both defendants have that burden. Difficult for either.

- The GP surgery will either panic & pay up, and consider ending the contract (a win-win for you) or they'll fail to defend and you will have a CCJ they'll have to pay, then they'll be forced to reconsider the contract (still a win-win)

- Even if CEL defend, this claim will damage their likelihood of keeping this contract (good), and

- Even better, Mediation is now compulsory and CEL and the surgery MUST attend a Mediation phone call some weeks after you file your claim at MCOL.  You could plan all along to reduce or drop the damages part and offer to settle at the £xxx that you are out of pocket by plus the small court fee for filing the claim.  One phone call - half an hour - and you could end up repaid (AND leaving the GP surgery smarting).


* I would send both Defendants a LBC now, telling them you paid under protest due to the pending loan application and attaching that video to shed light on what CEL do to GP surgeries.  Explain your bereavement vulnerability this year and get a bit angry.  But not rude/threatening.

Politely demand your money back and ask the GP surgery for their address for service of a court claim if different from the address used for this LBC, and ask for the name of the staff member who will attend the compulsory court Mediation, then a face to face court hearing in 2025.

Keep it polite but scary for the surgery. This is outside their comfort zone.

They NEED to know to end this contract and if CCJ-hit people like you don't help focus their minds then nobody will and the aggressive scam will carry on like it did at Yarm for years.

Look, at one stage they were publicly BLAMING PATIENTS until the penny finally dropped:
https://www.gazettelive.co.uk/news/teesside-news/gp-surgery-hits-out-after-25481812

Make sure your comms are polite (you don't want to shout at your GPs, merely give their heads a wobble) but make it clear that you will sue.  I think they'll pay you off now or at Mediation or when you get a CCJ against them for dropping the ball on defending.

Remember you are doing this with the secondary agenda to get the contract ended, but don't mention that. They'll have had other complaints and they'll finally realise what they've inflicted on their patients.

Suing a GP surgery is not suing the NHS so don't balk at it. Surgeries are independent concerns with their own budgets.

DON'T just sue CEL. You need to include the organ grinder, not just the monkey.

Bollyboy_2

ThankCoupon-mad said:

There is nothing to set aside now. No CCJ.

It would very probably be easier to do a claim against the parking firm and GP surgery (two defendants) for the sum you paid to clear the CCJ under the circumstances, blaming the faulty keypad.

Add £250 for damages for significant distress arising from abuse of your data (sending a claim form to an empty property with no checks done first) at a particularly vulnerable time in your life.

The 'thin skull' rule applies.

GPs sign an oath not to cause any harm. This has caused significant psychological harm and it is well known NOT to try this at GP surgeries, e.g. watch this video about CEL and send it to the Practice Manager with a LBC*

https://www.facebook.com/story.php?id=100063617558246&story_fbid=812074820923096

The parking agents of the surgery used the old DVLA car registered address data deliberately to file a claim, despite knowing it is unreliable data that cannot be relied upon for litigation service of documents (without further checks).  Also knowing the keypad was faulty and without doing the soft trace required under the Code of Practice.  They were in breach.

Keep the claim under £600 then the MCOL fee is low.  Well worth a punt because:

- To defend it, they'd have to prove it was working that day.  Both defendants have that burden. Difficult for either.

- The GP surgery will either panic & pay up, and consider ending the contract (a win-win for you) or they'll fail to defend and you will have a CCJ they'll have to pay, then they'll be forced to reconsider the contract (still a win-win)

- Even if CEL defend, this claim will damage their likelihood of keeping this contract (good), and

- Even better, Mediation is now compulsory and CEL and the surgery MUST attend a Mediation phone call some weeks after you file your claim at MCOL.  You could plan all along to reduce or drop the damages part and offer to settle at the £xxx that you are out of pocket by plus the small court fee for filing the claim.  One phone call - half an hour - and you could end up repaid (AND leaving the GP surgery smarting).


* I would send both Defendants a LBC now, telling them you paid under protest due to the pending loan application and attaching that video to shed light on what CEL do to GP surgeries.  Explain your bereavement vulnerability this year and get a bit angry.  But not rude/threatening.

Politely demand your money back and ask the GP surgery for their address for service of a court claim if different from the address used for this LBC, and ask for the name of the staff member who will attend the compulsory court Mediation, then a face to face court hearing in 2025.

Keep it polite but scary for the surgery. This is outside their comfort zone.

They NEED to know to end this contract and if CCJ-hit people like you don't help focus their minds then nobody will and the aggressive scam will carry on like it did at Yarm for years.

Look, at one stage they were publicly BLAMING PATIENTS until the penny finally dropped:
https://www.gazettelive.co.uk/news/teesside-news/gp-surgery-hits-out-after-25481812

Make sure your comms are polite (you don't want to shout at your GPs, merely give their heads a wobble) but make it clear that you will sue.  I think they'll pay you off now or at Mediation or when you get a CCJ against them for dropping the ball on defending.

Remember you are doing this with the secondary agenda to get the contract ended, but don't mention that. They'll have had other complaints and they'll finally realise what they've inflicted on their patients.

Suing a GP surgery is not suing the NHS so don't balk at it. Surgeries are independent concerns with their own budgets.

DON'T just sue CEL. You need to include the organ grinder, not just the monkey.

Thank you for the absolute thorough and detailed information, I'll crack on with the LBC and have them sent registered post also.

For the "particulars of claim" on the LBC should I give the full details and be as detailed as possible or would that be only needed for the MCOL.

Thanks again

Coupon-mad

Use a template LBC from some reliable resource online like Which? and state more or less what I said.

  

Bollyboy_2

 

Hi @Coupon-mad

 

Received the below in relation to my letter before claim, I’ll proceed with the claim as the response seems to rely on the initial DVLA check if I’ve read correctly, and the last was 04/07/2022.

 “Reasonable endeavours” I’m guessing is not that of their debt recovery agent DCBL providing the old previous address. 

Civil enforcements own FAQ page also states (In circumstances where we have not received any response from you to our PCN or debt recovery correspondence and in line with the latest BPA Code of Practice, we will undertake a soft trace to confirm that you are still at the address provided to us by the DVLA before we issue a county court claim against you”

Are they hoping the removal of the Judgement due to payment within 30 days will possibly appease me.

I’ll also add additional information regards the £250 damages due to significant distress arising from abuse of my data and I can also provide medical evidence as a few weeks after I was admitted to hospital with chest pains due to stress, anxiety and high blood pressure with no issues previously which the doctors documented.

Any opinions are greatly appreciated.

Thank you

 

 

------------------------------------------------------------------------------------------------------------------------------ 

 

Dear Mr ******

 

We refer to your Letter Before Claim, which was received on 19/08/2024.

 

Following the violation, on 19/04/2022, the DVLA provided us with your name and address as the registered keeper of the vehicle. The address provided by the DVLA was that of ********

 

As you are no doubt aware, pursuant to s18 of the Road Vehicles (Registration and Licensing) Regulations 2002, it is the motorist's duty to ensure that the DVLA is immediately informed of any change of address.

As no response was received to any of our correspondence and in line with section 24.1 of the BPA

 

Code of Practice this states that we should take 'reasonable endeavours to ensure that the contact details for the person you are writing to are correct), an address check was carried out by our debt recovery agency DCBL on 04/07/2022, who were given the same address of ********

 

Given that a check was in fact carried out, in accordance with Rule 6.36 of the Civil Procedure Rules, the Claim was issued to your last known address. We therefore reject your assertions that we have breached the British Parking Association's code of Practice and should this matter proceed to Court, we will be able to provide evidence of our debt recovery agency confirming they received the same address of ******** as a result of their trace.

 

With regards to the amount you are claiming, you have failed to particularise the damages of £250 and how this Judgment has in fact impacted you financially. As you may be aware, as payment of this Judgment was made within 30 days of the Judgment obtained, the Judgment has been removed from your record without a trace, therefore, restoring your credit file to its previous state without any adverse effects.

 

Should you continue with submitting a Claim, please be aware we will defend the matter and seek our full costs in accordance with Civil Procedure Rule 27.14(2)(g).

Coupon-mad

This is a very good spot:

"Civil enforcements own FAQ page also states:

In circumstances where we have not received any response from you to our PCN or debt recovery correspondence and in line with the latest BPA Code of Practice, we will undertake a soft trace to confirm that you are still at the address provided to us by the DVLA before we issue a county court claim against you”

Bollyboy_2

Coupon-mad said:

This is a very good spot:

"Civil enforcements own FAQ page also states:

In circumstances where we have not received any response from you to our PCN or debt recovery correspondence and in line with the latest BPA Code of Practice, we will undertake a soft trace to confirm that you are still at the address provided to us by the DVLA before we issue a county court claim against you”

Hi Coupon-mad,

 

I’ve proceeded with the small claims, I have received their defence which is below.

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence

This Defence is served without prejudice to the Defendant’s
primary contention, that the Particulars of Claim disclose no
cause of action and, as such, should be struck out.

On 06/11/2020 the Claimant parked his car, registration *******
(‘the Vehicle’), in a car park operated by the Defendant. The
Claimant failed to make payment for parking in breach of the terms
and conditions displayed on signage within the car park.

Following the date of violation, the DVLA provided us with the
Claimant’s name and address of ***************

 The Defendant sent the Claimant a Parking
Charge Notice (“PCN”) on 21/04/2022. The Claimant did not appeal
or pay the reduced sum of £60 (The original sum was £100 reduced
to £60 if paid within 14 days).

The Defendant sent subsequent reminders to which we received no
response and a claim was subsequently issued on 15/05/2024.The
Claimant failed to acknowledge or defend the claim and a County
Court Judgment was obtained in default on 10/09/2024. The
Defendant chose to make full payment on 16/07/2024 and as payment
was made within one month of the Judgment being obtained, the
Judgment will be removed from his record without any adverse
consequences. However, it has not been admitted as to how the
Claimant discovered the Judgment despite being unaware of legal
proceedings.

It is admitted that an address check was not carried out prior to
the issuance of this Claim, however, we submit this claim is an
abuse of process, as the Claimant has taken the wrong approach to
obtaining the correct relief.

The Claimant failed to contact the Defendant prior to making full
payment and did not attempt to request any further information
regarding the origin of this Claim and Judgment.

Given that the Claim was served at the Claimant’s incorrect
address, the Claimant was at liberty to make an immediate
application to set aside Judgment under CPR 13.3 on the basis of
defective service. Alternatively, the Claimant could have
contacted the Defendant to request the Judgment be set aside by
consent.

The Claimant has failed to comply with pre-action protocol. There
was no Letter Before Action, nor indeed, any correspondence prior
to the issuing of proceedings; and

The Claimant does not seek to recover disbursements or
out-of-pocket expenses, but money for effectively using up some of
her leisure time, and we submit that the Claimant’s behaviour is
unreasonable in bringing this claim and she should be liable for
all costs incurred by us in relation to this case, in accordance
with CPR Rule 27.14 (2) (g). The effect of this rule is that where
a party has behaved unreasonably, the usual costs restrictions do
not apply and full costs are recoverable.

 

Signed

I am the Defendant's Solicitor - the defendant believes that the facts stated in this form are true.

Scott Wilson

29/10/2024

 

 

 

 

The defence has many inaccuracies, I’ll opted for a hearing if mediation does not work.

I feel I have the correct information should it be necessary but could however be wrong.

 

They state reminders received no response, this would be obvious due to incorrect address which I have proof such as council tax bills, etc.

They claim it has not been admitted as to how the Claimant discovered the Judgment despite being unaware of legal proceedings, this was done via CRA alert (Equifax) via Email.

 I also now have conformation from the council the property was empty for many months.

 They have admitted that an address check was not carried out prior to the issuance of this Claim, breaking BPA code of practise who I’ve also made a complaint with.

 They claim I failed to contact the Defendant prior to making full payment and did not attempt to request any further information regarding the origin of this Claim and Judgment.

I had the information from Trust online and the county court who provided all details regards claim and judgement.

 The Claimant has failed to comply with pre-action protocol. There was no Letter Before Action, nor indeed, any correspondence prior to the issuing of proceedings.

 This is the huge lie as I sent pre-action with offer of resolution prior to action, this was recorded delivery as I have the response letter stating receipt of Pre-action letter and they state they will defend in full.

 The defendant’s solicitor states the defendant believes that the facts stated in this form are true.

Would this be classed as false information as they claim no Letter Before Action, nor indeed, any correspondence prior to the issuing of proceedings where I have physical proof/acknowledgement I done both.

 

Any opinions or help greatly appreciated.

Coupon-mad

Wait until the next stage which is a Mediator on the phone.  As you are the Claimant this time, it will be interesting to see what they say.