CCJ 3 Years after Bankruptcy

Hello,

I really need some help please as I'm a bit stuck and not sure where to turn to.

I filed for bankruptcy back in December 2016 and was discharged in December 2017, 12 months later. Last week I checked my credit file and noticed a new CCJ was issued on the 31st July 2019 by the County Court Business Centre. I promptly contacted them and they said it was from Excel Parking Services for an outstanding parking charge back in 2015. I contacted the official receiver to make them aware that the debt should have been part of the initial bankruptcy but I was completely unaware of it. I was in the process of moving and the fine went to an old address - they grabbed by the address from the DVLA. The official receiver wrote a letter to the County Court Business Centre with the following:
'xx states that he was unaware of the fine due to notice being sent to his previous
address at xx. He, therefore, did not inform the Official Receiver of this debt. Consequently no notice of the bankruptcy order was sent to Excel Parking Services.

From information available to her The Official Receiver is of the opinion that the
judgement obtained on 31 July 2019 is in respect of a fine levied by Excel Parking Services for a
non-criminal matter, the event of that matter being before the date of the bankruptcy order
against x. That being the case, the original fine is therefore debt provable in the
bankruptcy. Accordingly she would respectfully invite the court to review the above
mentioned county court judgment.'

Having heard nothing back for a couple months, I contacted the court again and they said it was up to the claimant to file a set aside and would cost them £100, or I could do it at £220!! I contacted Excel Parking and they said that would not pay the £100 and as far as they were concerned they did one trace on the vehicle from the DVLA, it showed my old address and that's where they've been sending the letters to.

Do I just have to stump up the £220 or is there anything else I can do? I've saved up a deposit for a house and was planning to apply for a mortgage and soon as the bankruptcy falls off in just under 3 years. This is now going to set me back another 3 years!

Please help :(

Comments

  • boo_star
    boo_star Posts: 3,202
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    edited 21 January 2020 at 12:49AM
    LivLewOli wrote: »
    Hello,

    I really need some help please as I'm a bit stuck and not sure where to turn to.

    I filed for bankruptcy back in December 2016 and was discharged in December 2017, 12 months later. Last week I checked my credit file and noticed a new CCJ was issued on the 31st July 2019 by the County Court Business Centre. I promptly contacted them and they said it was from Excel Parking Services for an outstanding parking charge back in 2015. I contacted the official receiver to make them aware that the debt should have been part of the initial bankruptcy but I was completely unaware of it. I was in the process of moving and the fine went to an old address - they grabbed by the address from the DVLA. The official receiver wrote a letter to the County Court Business Centre with the following:



    Having heard nothing back for a couple months, I contacted the court again and they said it was up to the claimant to file a set aside and would cost them £100, or I could do it at £220!! I contacted Excel Parking and they said that would not pay the £100 and as far as they were concerned they did one trace on the vehicle from the DVLA, it showed my old address and that's where they've been sending the letters to.

    Do I just have to stump up the £220 or is there anything else I can do? I've saved up a deposit for a house and was planning to apply for a mortgage and soon as the bankruptcy falls off in just under 3 years. This is now going to set me back another 3 years!

    Please help :(

    Get back onto the OR. They're in charge of your finances from back then. Make sure they know it.
  • Yes I have already dropped the after care at the OF another email asking if they can step in and help further. Is there anything else I can do?
  • RelievedSheff
    RelievedSheff Posts: 11,223
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    A small CCJ isn't the end of the world when applying for a mortgage if you use the right broker.

    We got a mortgage last year and I at the time had one unsatisfied CCJ for £450 and a satisfied one for £235. Admittedly the mortgage isn't at the best rates but it has got us the house we wanted and next year when both CCJ's have dropped off my credit file (the unsatisfied one has gone now the smaller satisfied one drops off next July) we will remortgage on a much better rate.

    There are options other than paying to have the CCJ removed.
  • Thank you, I appreciate the response.

    I think it just feels like that I've had another 3 year set back. I expected to have a squeaky clean file, a fresh start in Jan 2023 and now wrongly and quite unfairly this is going to impact me for another 3 years.

    If I pay the £220 to get it set aside, can I reclaim this from Excel Parking Solutions at a small claims court as I really don't think they did enough to track me down to inform of the penalty. I've always been on the electoral register, and the address was updated with the DVLA within 3 weeks of moving. Excel are claiming that they only have to do one trace on the vehicle and have been pursuing that address or 3 years....?

    Thanks
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