📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Court Hearing for CCJ and Consent Order Query

dnonomore
dnonomore Posts: 20 Forumite
Fifth Anniversary 10 Posts
edited 15 August 2024 at 7:05PM in Credit file & ratings

I am just wondering if someone can give me some advice please?

I recently found out that VCS have issued a default CCj judgment of £277 on my account in regards to an apparent parking fine in 2020.

I only discouvered this, after checking my credit score, so I rang the county court for details. It appears VCS had sent all correspondence to an address that I have not lived at for over 4 years. It was relating to a parking fine for a scooter that i used to own, but that my daughter had taken ownership just before we moved house. She filled in the DVLA V5C for new owner and posted it off. She never received a new V5C but admittedly, we didnt think to chase it up as we moved house. Consequently i didnt ever receive any fine relating to this and a CCJ was registered against me.

I submitted a N244 form and paid the court fee asking to set the judgement aside as I never received the fine or papers and was therefore not able to pay and settle the fine.

My application has been accepted and I have a court date (via telephone) on 28 August. However I have now received an email from a company called ELMS Legal Ltd saying if I pay the original fine of £277 they will draft a consent order to present and have assured me that the CCJ will get dismissed and i will incur no further costs.

Am I better off just taking it to court now as I have paid the court fee to get the judgement set aside or pay them and hope it comes off my file ASAP. I’m also sceptical of paying and then it looking like Iv agreed I’m in the wrong and the judge only making ccj as settled rather than removing off my file. I am a single mum of a disabled child and i have worked really hard to improve my credit rating following a divorce and this has really thrown me.

Any advice would be greatly appreciated

Comments

  • fatbelly
    fatbelly Posts: 23,069 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Were you the person responsible for the original fine? No. Why should you pay it?

    If you ask on the parking board (subset of the motoring board) you will get responses from those who deal with these companies on a daily basis
  • DE_612183
    DE_612183 Posts: 3,948 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    It's not a fine - it's an invoice.

    And as the V5 document was not up-to-date you missed your chance to defend this and win.

    Do have more details about the invoice and how / where / when it was incurred - that will tell us if you should defend or pay.


  • dnonomore
    dnonomore Posts: 20 Forumite
    Fifth Anniversary 10 Posts
    Thanks for getting back to me.  All i can find is the date the CCJ was filed 20 July 2022.
    I moved house in July 2020 and i filled in the green slip on V5C in September 2020, when my daughter took ownership of the scooter. Admittedly we didnt chase it when a new V5C wasnt received but i did take a photo on the day i sent the green slip off as i tend to do with everything these days.  
    Im very new to any of this and just want to best way to get it resolved.  Unsure whether  paying the original invoice of £277 and applying for consent order, will get this resolved , or if i should attempt to defend myself at the phone hearing 
  • GrumpyDil
    GrumpyDil Posts: 2,080 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Wait for responses on your duplicate thread on the parking forums thread as they specialise in these types of situation.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.7K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 258K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.