Unseen claim form from DCBL and now CCJ

CrucialSeagate

Hello Everyone,

I have been rather frantically reading through the forums last night and today after being made aware of a CCJ that has already been made against me on the 04/02 this year. 

The original claim was for three parking tickets received last year on the 10/06 to the 12/06 from DCB Legal. I am a student, and due to being away from home when the original claim form was sent, was not made aware that the claim had been made against me. It was only recently when I visited home that I discovered both the original claim form and the CCJ which has already been made. 

The ordered sum on the CCJ stands at £530, quite a hefty sum at the moment given I am not in employment. I have been exploring the N244 form today to get the judgement set aside but am starting to lean towards it not being worth it at all, as of course provided the court accepts the judgement it just kicks the can down the road, creating more stress and headache later on, although would have happily made a defense given the opportunity. 

My main reasoning for this is the fee of the N244, which for something that is not guaranteed to succeed is half the cost of just getting it sorted now. I also realise I am still currently within the 1 month period where I can pay the sum on the CCJ and therefore ask the court to remove the entry. I also find it unlikely, given the short time frame left, that I would receive a response back from the courts on the outcome of the N244 before the 1 month deadline. 

I should add that earlier in the year I dealt with a similar claim from DCBL and was able to settle in mediation before the case went any further, mostly as to save my own time and expense from taking the matter further. 

I do want to make a decision on how to proceed that would incur me the least cost but equally value getting the matter closed once and for all, saving much of my time (As finding this has already caused enough stress and headaches!). 

Any advice on my situation would be most appreciated and apologies if I have missed out any crucial or required information that may help you to provide this advice, Am happy to add this on request! 

Thank you all in advance.

Coupon-mad

An application to set aside a CCJ where the Claim Form wasn't received, due to you not being at that address at that time, MUST be set aside under CPR 13.2.

So as long as the Judge takes that on board, it will be set aside and you should get the £303 back too.

I am still currently within the 1 month period where I can pay the sum on the CCJ and therefore ask the court to remove the entry. 

Personally I wouldn't pay it but this must be your decision. How long until the 30 days is up? If you have a week, watch this first - ON TUESDAY - to follow the arguments & understand how VCS v Carr should hopefully help your case:

https://forums.moneysavingexpert.com/discussion/6590792/court-of-appeal-live-streaming-case-vcs

Don't be put off by the formality of that case hearing; it's Court of Appeal level so it'll be a 'proper' formal court case in action.

Setting aside a CCJ in front of a Judge at your local court is more like a meeting/job interview vibe.

CrucialSeagate

Unfortunately I only have until next Tuesday (Assuming one month exactly from the date of the CCJ as no other date is listed on the 'Judgement for claimant' document) giving me really only 2 working days at best for any further forms to get through the pipeline before the deadline.

Coupon-mad

OK.

Nothing about my advice has changed and you'll already know from the NEWBIES thread how to word a WS like that seen in the CCJ thread by @icy_fox ... which already cites case law INCLUDING VCS v Carr