Help with CCJ/Writ of control

Manwan

Hey! Apologies if this issue has been covered but I can’t find any the info I need on here.

I was trying to renew the tenancy for my house and through referencing, I discovered that I had a CCJ from 2 months ago.

I contacted the court and found that Euro Car Parks had taken me to court for 4 Parking tickets issued almost 5 years ago.

I wanted to appeal this as the CCJ is issued to an incorrect address. For example, let’s say I live at Flat 7, 100 high road. The CCJ was issued to Flats 1-6, 100 high road. The Car was never registered at either of these addresses as I got rid of it before I moved to this address. 

The issue I’m having is that Euro Car Parks took me to court for a writ of control. I tried to send an N244 to CNBC but they are refusing to accept as they are saying the presence of of a Writ, means that I must submit my N244 to the high court. 

I then sent my N244 to the high court but they are saying that they only have the power to ‘stay the writ’ but not to set the judgement aside.

I’m getting passed backwards and forth between CNBC and the high court and I’m not sure what to do. The writ seemingly allows DCB legal to add interest daily to my total and it’s now approaching £1500.

Can anyone help me? The Writ of control seems to be something I can’t find any advice about
  

Thanks in advance!

ChirpyChicken

What date does the write expire?
It costs around £12 to stay the writ
In the meantime Park your car away from the house the day before it expires(until the writ has been stayed)
When HCEO don't let them in. They have no power of entry in private property 
They call about 2 to 3 times normally 

Coupon-mad

Yep I think it just costs £14 to stay the writ.

That is what you want and you can just apply at your local court, tick 'with a hearing'  and will probably get a hearing a CCJ set aside for £14!

Seen that in here twice.  It's the perfect cheap way to get the CCJ set aside.

Search the forum for:

N244 stay writ application parking

I recall a case last year.  You will need a decent Witness Statement & case law to also set aside the CCJ (and go via your local court because it is quick).

ChirpyChicken

Yes aa above cheap way of doing it 
But you must move car if it's your name away from your house and never let them in. Talk from an upstairs window

Coupon-mad

Agreed.  HCEOs could come round tomorrow.

Manwan

Yes but the High court are saying all they can do is ‘stay the writ’, they are saying they do not have the jurisdiction to also set aside the judgment ..

ChirpyChicken

So do as CM suggests
We have done this before.........
Log it at your local county court Monday morning 
And what date is expiry date to pay by on the writ.

Manwan

There does not appear to be an expiry date on the writ. 

So just to be clear, the high court should be able to stay the writ AND set aside the judgment? 

I’m asking because I sent an N244 to my high court before and they replied by email saying this

 “ Unless the judgment is a High Court judgment (which I sure it cannot be, given the N244 refers to a record of CCJ's) then the High Court cannot set aside another court's judgment (which I assume must be a County Court judgment or judgments). This court can, in an applicable case, only consider a stay of enforcement.”
 

This is while the CNBC are saying to me that the high court indeed do have the power to also set it aside.

I am mostly concerned about getting the CCJ set aside as it’s preventing me finding any private accommodation.

KeithP

Manwan said:

I am mostly concerned about getting the CCJ set aside as it’s preventing me finding any private accommodation.

In the eyes of the court, that is not a good reason.
Courts take a dim view of 'credit cleansing'.

ChirpyChicken

If it's from dcbl then it gives a date to pay by
Please provide that (it does I've seen plenty)

Manwan

ChirpyChicken said:

If it's from dcbl then it gives a date to pay by
Please provide that (it does I've seen plenty)

On the writ of control certificate, there is no expiry date. On the notice of enforcement it is asking me to pay by 03/JAN/25