CCJ Hearing and Consent Order

dnonomore

Johnersh Thanks again. im finding this a bit of a minefield.  I had to pay a reduced court fee of £135 as i was awarded help with fees.  Sometimes i think i should just sign their consent order and pay the reeduced amount of £170 that they are now saying....but i dont understand if that will be the end of it, or if there is more to the process...? 

Johnersh

The easy life argument is compelling, except that

1. as someone who qualifies for HWF, the court has recognised that you are less able to afford litigation.
2. £70 of that is an enhanced sum they're possibly not entitled to charge at all

If the consent order doesn't give you costs back, you're £300 down and for what? It's not the o/p who failed to register the address change or who ignored a PCN. The claimant parking company will say they were entitled to rely on your last address. This explainer sets out why that isn't the case.

https://www.civillitigationbrief.com/2019/02/13/back-to-basics-31-service-of-the-claim-form-at-the-last-known-address-five-key-points/ 

If you were a voter, a credit card user or had a mortgage or lease for which a credit check was done a new publicly accessible record would have been created with your new address. Simple to search and mere pence to do. The more correspondence C sent that went unanswered potentially the more evidence there is to suggest that D may have moved. 

Might be sensible for the o/p and moped purchaser to put together statements dealing with the purchase and notification to the DVLA, as well as a draft defence.

Coupon-mad

Don't sign the consent order.  There is no need for you to be out of pocket by over £300.

You should do as I think I advised earlier (was it on this thread?) because you must tell the court that you HAVE NOT CONSENTED to what Elms will mislead the court is a 'consent order'.

You'll be asking for your £135 back at the hearing, so the parking firm have to pay that cost.

dnonomore

Just an update. At my hearing yesterday, the order was "set aside by consent". 
1)  Am i right in thinking this now reverts to a hearing at small claims court?
2)  The costs of yesterday have been "added to the case" I assume this means that the cost to date will be met by whoever wins the small claims case? 
3)  I have been given 3 weeks to submit a defense statement and statement of truth.  Can anyone explain what this is/supposed to include. 
Thanks in advance for any advice 

Coupon-mad

1. Yes - nicely done!

2. Yes - but they'll probably now discontinue to try to avoid your costs, so make sure the written order you get in September covers those (you may have to follow up to get your costs if the C does discontinue later).

3. See the 2nd post of the NEWBIES thread.

dnonomore

Coupon-mad .  Im struggling to find the thread you refer to.....
Also,  any advice how i go about getting the CCJ removed from my credit file? The judge (nice as he was) was speaking in very legal terms and he mentioned it doesnt automatically get removed from file 

Harbmeister

**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou! — MoneySavingExpert Forum

From...
IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

LDast

You should receive the order confirming the set-aside from the court. If you don't, chase it up with them.

Once in receipt of the order, you should contact all three major credit reference agencies (Experian, Equifax, and TransUnion) and provide them with a copy of the court order. You can either do this by sending a copy of the order by post or, in most cases, uploading it through the credit agency's online portal.

When contacting the credit reference agencies, you should request that the CCJ be removed from your credit file. The credit reference agencies will then update their records based on the court order.

It is advisable that you check your credit reports with all three agencies after a few weeks to ensure that the CCJ has been removed. Sometimes it may take a little while for the changes to reflect on all reports.

If the CCJ has not been removed after a reasonable period, you should follow up with the credit reference agencies and provide them with any necessary documentation again.

Coupon-mad

Please show us your draft defence paragraph 3 only.  If you don't know what I mean, read half a dozen court claim threads to see what people post at defence stage.

We don't want to see the whole 30 paragraph Template Defence.  Even though you'll be using it, don't show us the whole thing... please.

Bear in mind you are NOT emailing the defence to the Northampton CNBC of course! You are wholly dealing with the local court but must also copy in the solicitors for the C.

dnonomore

small update, ccj now removed from most of credit files
VCS have written to me offering a "reduced settlement of £195" - this is more than the reduced settlement that ELMs legal offered me, which i declined. 
Am i right in thinking that  next step would be to submit my defense and await a date for next hearing? ive got a date of 18th September to submit defense but no date for hearing