Debt Recovery Reminder - unpaid County Court Judgement

TheHorder

We have received this letter.  we have received a couple of previous letters, but not the whole paper trail.  Is this genuine that we have now received a county court judgement.  I wanted to pay the debt and hopefully make it all go away.  But it doesn't seem as straight forward as that, I've read on the forums paying this will not get rid of the CCJ.

The person receiving this letter, assumes it will go away.  They seemed to have in the past.  I'm worried as they are saving for a house, which results in a mortgage.  CCJ doesn't look good on their records.  As I said I want to pay it and make it all go away.

What do I need to do.


Thanks for your help.

1505grandad

What is the date of the CCJ  -  date is blocked out on above.

Gr1pr

Read the CCJ set aside section of the NEWBIES thread., especially if the claimant issued the court claim to an old address 

That CCJ date is crucial to any advice given 

TheHorder

Sorry, worried about giving personal info.  the date of the ccj is way past the month.
The letter before this letter was dated September (notice of debt recovery). The letter before this was July.  (judgemant for claimant )

I hadn't realised they could issue CCJ's.  This will mess up my sons mortgage application.  I just wanted to pay it !

Thank you.

Gr1pr

Ok, so without the dates you could have just stated that it was over a month ago, or a few months ago 

Being over one month old means that the advice changes, insofar as paying it in full does not remove it, it marks it as satisfied but affects the credit file for 6 years, paid or unpaid, its still 6 years 

As far as a £303 set aside goes, what reason is there for not dealing with the claim form back in the summer. ?
Was it ignored, went to an old address ?  What led to the CCJ being imposed ? Its usually correctly received but being ignored, IR. , went to an old address ?

If it was correctly received at the correct address, but was deliberately ignored, then its much harder to get set aside 

TheHorder

the reason for not dealing with it at the time, I suppose was ignorance.  
How do I proceed.  I have no details of the actual parking ticket.  Not even sure the original was received.
Does every parking charge end up with a ccj if not appealed.

Gr1pr

No they don't, but currently private parking companies issue around 12 million PCNs per annum, so its the not dealing with the court claim that leads to a default CCJ, regardless of if its a private parking charge, rent arrears, not paying a plumber etc 

So every court claim that is ignored and so is undefended which leads to a default CCJ, regardless of its merits 

The newbies sticky thread in announcements, second post, tells you how to proceed, but read other set aside threads on here too, there are dozens or hundreds of them 

The real problem is that there may be no grounds for the set aside to be granted, which would mean wasting £303 and be no further forward. That is why I asked you for the reason for not dealing with it in the summer when it arrived.

As already mentioned, payment of the CCJ in full wont remove it from the credit record 

Only a decision by a judge in civil court can make it go away , based on merit ( not ignorance. ) , costing £303 up front 

Only the defendant and now alleged debtor can deal with the CCJ, anything and everything in their own name, anyone else is a stranger to the proceedings. So you cannot proceed if the CCJ and debt collectors letter were not addressed to you 

PixelPound

So, was it addressed to your son, and does your son live with you?

Coupon-mad

Maybe your son was away when the claim form arrived in June sometime (a few weeks before the judgement for claimant)?  If so, then that would be grounds to set it aside.  

Can you dig out the ignored claim form (June)?  Is it a claim by CEL 'in-house' or via DCB Legal?

TheHorder

Thank you for all your comments.  
It is solely my sons problem I realise. He does live with us still. Im going to have to break the sad news to him that he has a CCJ.  He is under the impression that you get away without paying these fines. Which in the past has happened.   There could have been grounds for appeal.  Need to actually look into what the ticket was for.  He had tendency's to throw the letters away. I have rescued them from the bin !!  
He works all over London, driving from job to job.  Encountering difficult parking situations.  

My son was on holiday in June, so maybe there is a glimmer of hope there.  
I have found the letter Judgment for Claimant, CEL.  The letter saying you have not replied to the claim form. Is there any other information from this letter you would like to know ?
I will look to see what other paperwork I can find.

I expect you are all thinking why don't you get your son to do this !  
He will be devastated to learn he has a CCJ, as he is on the verge of applying for mortgages for his first home.  He is not very good with paperwork and this type of thing.  It has been a harsh lesson for him one which he would have learnt from.  
When I realised what was happening I wanted to just pay the fine.  But, unfortunately it has gone a lot further than this.

Thank you for your help.

Coupon-mad

There is light at the end of this tunnel though:

He should read the CCJ set aside info in the NEWBIES thread this weekend and act quickly. No link needed for the NEWBIES thread. See my signature. Read it on a laptop not a phone.

CEL have a legal team and will probably provide a consent order if he says he was on holiday when the claim arrived.

They might even accept a lower settlement IF they filed the claim in-house. This is important. It will either be them or DCB Legal and only the Claim Form (June) tells you that.

If it's DCB Legal they won't accept less, so let's hope CEL filed this claim themselves.

Actually, we can tell you if this was a CEL or a DCB Legal claim from the Claim number letters near the start:

GM = Civil Enforcement

KF = DCB Legal 

Which is it?