Urgent - received CCJ - should I pay or set aisde?

Quentin · 11 March 2018 at 1:17PM

The ccj will be on your record now!!

If you apply for set aside unsuccessfully then the ccj will remain on your record for the 6 years (though will be shown as paid once you pay). Any set aside hearing won't take place within the month you have to pay in full and get the ccj removed

[Deleted User] · 11 March 2018 at 1:22PM

1. WHATEVER YOU DO - ACT PROMPTLY. An application to set aside must be done asap. Delay is a factor which can defeat an otherwise successful application. Similarly, if you do choose to pay, that month is ticking....

2. Post a link to the claim form, just in case there is an error within it upon which you can argue that a judgment in default could not be given.

3. Look at the rules below. I agree that mere overlooking is not a great reason. However, gathering information to try and respond to scant information so as to even understand the claim intimated might be.

Cases where the court may set aside or vary judgment entered under Part 12
13.3
(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Litigation is inherently unpredictable. It's a £255 gamble, because you'll have to persuade the Court on the day. Weigh up how good your case is on a balance of probabilities. You may feel it worth the risk, given the alternative, which is to just pay (or you may feel it risks good money after bad). Noone can help you to make that call. An application may "flush out" just how much evidence the Claimant has if they seek to defend the application.

popsoda · 11 March 2018 at 1:55PM

Thank you all for your replies. I am definitely one of the few "mugs" that these guys have managed to have their way with

I see that my current two options are:

1) pay the £1292 this week and have to live with the frustration of being such a mug and funding such a horrible cowboy company (but at least have the CCJ wiped) or

2) try to get it set aside on grounds 1a: "the defendant has a real prospect of successfully defending the claim"; however, I am now not sure if I would definitely win this case, and if I lost it I'd have to pay the £1292 plus have the biggest cost of the CCJ being against me with implications when I graduate.

Very sadly I think I'm just going to have to give away my savings to this horrible company and choose (1) but at least not have the risk of a CCJ which will definitely be of greater cost to me over the next 6 years.

Thank you all very much for your advice and guidance. I appreciate I've been a total mug here and am livid and really upset that these companies are able to extort us like this. @Johnersh what do you mean by a link to the claim form, do you mean upload a photo of the judgement that mailed to me by the court?

The_Deep · 11 March 2018 at 3:58PM

I should definitely take this up with your MP, mentioning their previous fraudulent behaviour. The Mail and the Telegraph have also published pieces about this.

By interfering with your leasehold right to !!!8220;peaceful enjoyment!!!8221; they may in fact have committed a criminal offence under The Landlord and Tenants Acts.

Rather than paying them off, why not spend the money on legal advice about prosecuting them? Perhaps one of our legal chappies has a view? It is absolutely criminal that these scammers should get away with this nonsense.

twhitehousescat · 11 March 2018 at 7:00PM

if this is not sorted within 31 days then its "live" and bailiffs may come knocking , do you think an MP would do anything by then ? what about "legal and Co." ??? , leave the OP open to bailiffs whilst vthey scratch there balls?

job over and done when paid ,

popsoda · 11 March 2018 at 7:09PM

I'm just going to stump up the cash and take this as a life lesson not to miss my 2 week deadline of creating a defense if this ever happens again.

I feel well and truly extorted as this has emptied my savings - but I have to consider myself lucky as some people who get extorted by these cowboys probably don't have savings to fall back on and could definitely end up in debt.

This is what I will be talking to my MP about: companyies like this needed to be massively regulated.

KeithP · 11 March 2018 at 8:48PM

popsoda wrote: »

This is what I will be talking to my MP about: companyies like this needed to be massively regulated.

Absolutely right, and if you haven't done so already, I urge you to watch that video that The Deep provided a link to.

UK Parking Control are specifically mentioned in that video [Stephen Doughty MP - 13:05:51].

popsoda · 12 March 2018 at 1:26PM

Update: paid just now

Umkomaas · 12 March 2018 at 1:50PM

popsoda wrote: »

Update: paid just now

Make sure you get a receipt should the PPC not inform the court that this has been paid. The court removes the CCJ from your credit file (as I understand it), so you need to check that the credit file is correctly updated.

popsoda · 17 March 2018 at 5:03PM

The law firm SSC-law said that they notified the court and on the money claim site it says the following:

Claim History
Your acknowledgement of service was received on 19/02/2018 at 01:05:39
A judgment was issued against you on 05/03/2018 at 19:22:28
Notification that you paid the claim on 12/03/2018 was received on 13/03/2018 at 19:40:35

However, the judgment is still appearing as active on my noddle credit rating file - do I need to contact the rating agents individually with evidence that I've paid off this claim within the 30 days?

Urgent - received CCJ - should I pay or set aisde?

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