Received CCJ in 2025 from 2022

neptune4567

I learnt the hard way I should’ve updated it, it wasn’t even to my knowledge I had to thought driving license was what I needed to update! I was thinking about potentially going down the route of N244 or consent order in this case? Which is where I was at. Does that sound like the best option here as quite frankly, I think I probably did overlook the terms of stay, I’d say to a degree they weren’t completely clear and visible. 

Car1980

You'd need grounds to set the CCJ aside. If you forgot to update the V5 you'd have a hard time persuading a judge, DCB Legal would object let alone agree to a consent, and you'd be down £313.

Of course, you always have the option of just not paying. They can't practically enforce anything less than £600. So it's purely a credit file issue. 

neptune4567

Thanks that’s helpful. So is it worth a try to get their consent? Would the V5C be considered would they not just focus on the fact they didn’t really do much to find my address? Seems like an easy way for them to add more value to the original invoice. I guess at this point it could be lose lose. In that case, I may cancel the payment. I’m just worried if they enforce anything I am going to get a visit so I would be quite worried

LightFlare

well - they did try and find your address by getting details of it from your V5 as any possible infractions are sent firstly to the registered keeper of a vehicle 

It is an offence to not have the details correct on this although it is not often enforced.

It might be worth checking your licence details online as well just in case you have any nasty surprises there

Am assuming you pay tax via direct debit ?

Im not sure if having made any payment against the CCJ affects any set aside possibilities. Others will surely advise

neptune4567

LightFlare said:

well - they did try and find your address by getting details of it from your V5 as any possible infractions are sent firstly to the registered keeper of a vehicle 

It is an offence to not have the details correct on this although it is not often enforced.

It might be worth checking your licence details online as well just in case you have any nasty surprises there

Am assuming you pay tax via direct debit ?

Im not sure if having made any payment against the CCJ affects any set aside possibilities. Others will surely advise

Thank you, how can i check that?? i’ve already seen the CCJ online by checking. But i had this thought, what if there is something else against me I don’t know about? 

Coupon-mad

Why aren't you just stopping the payment plan and applying to set it aside, as I advised? You want it wiped, not marked 'satisfied'. Big difference.

The NEWBIES thread already covers the email to send to ask for consent. It's all there.

Car1980

Set aside on what grounds?

neptune4567

Coupon-mad said:

Why aren't you just stopping the payment plan and applying to set it aside, as I advised? You want it wiped, not marked 'satisfied'. Big difference.

The NEWBIES thread already covers the email to send to ask for consent. It's all there.

I hear you, and I am considering this as we speak. The reason being is, I want to ask for consent to remove the CCJ, by complying to what they’ve asked, I can use that as leverage, right? Otherwise do they have any kind of incentive for giving their consent? I’ll go and check that out, thanks again 😊 

Coupon-mad

Car1980 said:

Set aside on what grounds?

Exactly the same as VCS v Carr.

Mr Carr also forgot to update his V5C. That is not an obstacle to getting a CCJ set aside under CPR 13.2. It's a mandatory set aside. The Court of Appeal were not critical of Mr Carr but by contrast they tore VCS a new one! 

If the OP is not confident and is worried about cancelling the payment plan maybe they should run their case by Contestor Legal to do it for them. The payment plan is a spanner in the works and really unfortunate that it was done & dusted instead of coming here and just doing the set aside.

neptune4567

Coupon-mad said:

Car1980 said:

Set aside on what grounds?

Exactly the same as VCS v Carr.

Mr Carr also forgot to update his V5C. That is not an obstacle to getting a CCJ set aside under CPR 13.2. It's a mandatory set aside. The Court of Appeal were not critical of Mr Carr but by contrast they tore VCS a new one! 

If the OP is not confident and is worried about cancelling the payment plan maybe they should run their case by Contestor Legal to do it for them. The payment plan is a spanner in the works and really unfortunate that it was done & dusted instead of coming here and just doing the set aside.

That’s useful information to know, thank you. I’ll explore that too. In hindsight i thought that was the best option with my knowledge at the time, when i did the digging and got accepted onto this thread is now when I realise i should’ve taken the time to find out more first. I’m going to have a review of all information posted here this weekend thanks all. and hopefully come to a decision before the beginning of the working week to act as swiftly as possible towards a better outcome