CCJ & High Court Rit

sh4rpy03

Hi everyone first time posting here, and i am praying you can give me some advice, i had received a claim form in November 24 which my wife appealed as she is the one who was alleged to have committed the parking offence. I have spoken to the court today and they have advised that is would have been dismissed as it was not in my name so they sanctioned the CCJ. i have not received any letter from DCBL or the CNBC with regards to the CCJ but the court have advised me today that they sent a letter out on the 17th January by first class notifying me of the CCJ. I have received a letter from DCBL on the 14th March which is High Court Enforcement letter which has brought my situation to light

The time has now passed to pay this and get it removed from my credit file, i am looking to seek legal advice but my biggest issue is i am currently moving property and have a mortgage offer accepted but when they do their final checks they will see the CCJ and my offer will fall through, I know this will probably go against what the forum recommends but would i be best to pay the bill so that the CCJ is satisfied and then apply for it to be set aside, we are totally in the right with but we lack the evidence to prove this as it was over 5 years ago. 

Am i totally screwed????

Any advice is welcomed 

Thankyou 

ChirpyChicken

You can apply to stay the writ for a fee of £14 and this should lead to a set aside hearing
This is quite straight forward
However need to know what you mean by you appealed this
What is the time like of the ccj
On the writ what is the date to pay dcbl by 
Facts not assumptions only pls.

Coupon-mad

ChirpyChicken said:

You can apply to stay the writ for a fee of £14 and this should lead to a set aside hearing
This is quite straight forward
However need to know what you mean by you appealed this
What is the time like of the ccj
On the writ what is the date to pay dcbl by 
Facts not assumptions only pls.

Yep do the above IMMEDIATELY and apply at YOUR LOCAL COURT to stay the writ.

Not via the CNBC.

I think they mean the OP got a claim form but didn't defend, their wife did (sadly the wrong person). 

sh4rpy03

@chirpychick thanks for the reply. The ccj was awarded on the 17th January but I never received any confirmation of this from the court and I have not received anything regarding the writ i have just received a high enforcement letter of attendance. And as @Coupon-mad as said my wife filled in the response form to the court requesting an appeal but signed it in her name not mine then she submitted an appeal but sent it to ECP. How long does a writ stay take to get actioned as I work away and have 48hr to try and get something in place that is why I am thinking of just paying the money as I don’t want bailiffs coming to my house while I am not here and scaring my wife. 

ChirpyChicken

It can be done very quickly depending on your local court
what is the date to pay by on the High court writ (they always include that)
Dont pay it ! HCEO are easily dealt with

sh4rpy03

@ChirpyChicken thanks again for a prompt reply I will contact my local council office now, I hear what you are saying I’m just really worried about my mortgage application and that fact that the ccj is already granted. My wife has appealed the case which was done back in 2019 but never had a response from EPC. My concern is that we lose the mortgage and also spend time fighting the case then not having enough evidence to back it up due to this been over 5 years 

ChirpyChicken

Council office?
They are have nothing to do with this matter - so forget about that
Your wife's appeal is irrelevant - so please drop that 

Again can you answer the question on the writ, what is the payment date on it

And sorry but paying the CCJ will only show as satisfied on the mortgage application so it may get declined in any case

Coupon-mad

Yep you can't remove a January CCJ by paying it now. If you do that then your mortgage is possibly doomed because the CCJ would remain.

DO NOT PAY.

DO NOT LET THE HCEOs IN.

DO NOT LEAVE YOUR CARS VISIBLE IN THE AREA.

Get yourself to your NEAREST COUNTY COURT today or tomorrow and sign an application and WS asking to stay the writ and set aside the CCJ. £14 fee.

Your wife can take it in as long as you sign both documents. After all, sadly she inadvertently 'caused' this by stopping you defending.

sh4rpy03

@chirpychick I have not received a writ notice just a high enforcement attendance letter which was on the 14/3/25 I have spoken to DCBL and they said they sent a writ to attend on the 24/1/25 which I did not receive so I am not sure on what the date of payment is. And when I have asked them to send me the letter they have said that they cannot send me due to data protection however I have just spoken to them again and they have agreed to email the writ so I can see when the balance is to be paid. 

@Coupon-mad thank you and I do understand that but with that said I won’t be home and I cannot expect my wife to not park local to our home as we have a young child and I understand that the ccj will still be on file but my plan would be to have it set aside and challenge it once satisfied to stop any enforcement I would hate to lodge the appeal then go away for work and then have someone come and take my car. Leaving my wife and children with out any transport and also we will have lost a vehicle that is worth a lot more than the fine to be paid. 

Also I cannot guarantee that I can be home for a hearing as I work out of the country for 2 weeks at a time 

Sorry if I daft here but if it wasn’t for the mortgage I would happily fight this all the way but I feel with my circumstances it will be easier to pay the fine to stop enforcement and then challenge the ccj 

thanks

ChirpyChicken

Paying this will not help your mortgage application.
Get the writ stay application done tomorrow and it will get stayed very quickly
The time you take on here , you could have the basic application written out

Your thought process on this is wrong i am afraid. I have seen it many times with people wanting to apply for a mortgage, not listening to advice because they believe they know better (sorry i dont mean that to sound rude) then coming back to me 3 weeks later saying their mortgage application has been turned down because of a CCJ still on their credit file

Coupon-mad

If you pay it you ruin your credit rating. It's too late to wipe it by paying it.

I don't want to worry you but HCEOs are coming this week. That's why you MUST file that application to stay the writ