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  • FIRST POST
    • birdmanT
    • By birdmanT 23rd May 17, 1:51 PM
    • 11Posts
    • 26Thanks
    birdmanT
    How long to set aside a CCJ
    • #1
    • 23rd May 17, 1:51 PM
    How long to set aside a CCJ 23rd May 17 at 1:51 PM
    Hi everyone
    Firstly, thank you for all the brilliant information available on the forum about CCJ's and getting them set aside. I have a CCJ at my old address on my credit file. Today I submitted forms to the court to get the judgement set aside. In your experience, how long does it take the court to process this and make a decision?

    Many thanks in advance
    Tom
Page 2
    • beamerguy
    • By beamerguy 6th Sep 17, 10:06 AM
    • 7,317 Posts
    • 9,750 Thanks
    beamerguy
    And you'd fail to recover the brief fee you incurred on the basis that to do so was disproportionate to the matters in dispute.
    Originally posted by Johnersh
    All parking tickets then. Sadly the SC wrongly thought it was OK.

    Now the scammers use the courts as a public toilet ?

    Tell me Johnersh, I understand you are are a solicitor ? How
    do you feel about the rogue trader solicitors who operate
    within your industry
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 6th Sep 17, 10:23 AM
    • 9,203 Posts
    • 8,968 Thanks
    The Deep
    How do you feel about the rogue trader solicitors who operate
    within your industry


    According to the SRA the ones we come into contact with are all squeaky clean, but we know differently, there are a lot of bent solicitors around.

    http://www.sra.org.uk/consumers/solicitor-check/recent-decisions/recent-decisions.page,
    Last edited by The Deep; 06-09-2017 at 10:37 AM.
    You never know how far you can go until you go too far.
    • Johnersh
    • By Johnersh 6th Sep 17, 10:58 PM
    • 1,013 Posts
    • 1,947 Thanks
    Johnersh
    There are a lot of dodgy people in all walks of life. Traders like Madoff who ran Ponzi schemes, doctors like Peterson the breast surgeon, policemen manipulating the vulnerable etc etc. No one should condone any of that.

    The correct questions are:

    1. Are the likes of Gladstones acting illegally?
    2. If no, are they acting unfairly?
    3. If yes/possibly, does the law need to be changed.

    I don't begrudge anyone doing paid work, albeit it's not a discipline I'd like a to practice or encourage others to.


    Personally, I really dislike poorly drafted automated stuff that's never been properly supervised by trained staff. It clogs up an overstretched court system and will often fail. Since 90% of litigation settles outside a court room, much of it will never be tested.

    Law is not a tin of beans. There is no Tesco value version. Once you hit the irreducible minimum, the work can no longer be done by a lawyer. Quality can (but does not always) suffer. The automated nonsense I see is poor.

    There is no margin in this, it relies on bulk processing by unqualified staff. Most commentators on the forum will likely have higher academic qualifications in their chosen fields and (by simple fact of lavishing more time on their defence than a claimant ever will on a set of particulars) be better informed and better placed to defend such claims.

    Since nearly all particulars of claim are unsupported and say the same thing it is likely that claims are issued with no investigation or case papers at all and on the basis of a diary prompt. The claimant then relies on the PPC having cobbled together some photos by the time the statements are due. No wonder judges get hacked off. To make matters worse the advocates instructed are then often unqualified too....

    But other than that, no issues. Why do you ask?
    • Johnersh
    • By Johnersh 6th Sep 17, 11:05 PM
    • 1,013 Posts
    • 1,947 Thanks
    Johnersh
    @beamerguy I should also clarify that you could conceivably in the right case recover a disbursement for a cheap junior counsel, but not the 20k that you'd probably have to pay a silk as a trial brief fee for a full day in a remote county court. Like I say, disproportionate....
    • birdmanT
    • By birdmanT 8th Sep 17, 10:13 AM
    • 11 Posts
    • 26 Thanks
    birdmanT
    I was just happy that I didn't pay CEL a penny and they had to pay me £255. I know I'm even from the whole situation - I didn't get any money for my time, but at least it cost CEL to take me to court. And they paid promptly.
    • The Deep
    • By The Deep 8th Sep 17, 10:20 AM
    • 9,203 Posts
    • 8,968 Thanks
    The Deep
    There are a lot of dodgy people in all walks of life.

    But few in the Diplomatic Service, (well ours anyway), I am pleased to say.
    You never know how far you can go until you go too far.
    • Johnersh
    • By Johnersh 8th Sep 17, 6:32 PM
    • 1,013 Posts
    • 1,947 Thanks
    Johnersh
    There are a lot of dodgy people in ALL walks of life.

    @TheDeep there are no exceptions - that's human nature and statistical inevitability. As to whether you are correct as a % of the whole, you may be, but I suspect neither of us have reliable data.

    http://www.thisiswiltshire.co.uk/news/839207.dodgy_diplomat_jailed_for_three_years/
    • Quentin
    • By Quentin 8th Sep 17, 6:39 PM
    • 35,556 Posts
    • 19,760 Thanks
    Quentin
    There are a lot of dodgy people in all walks of life.

    But few in the Diplomatic Service, (well ours anyway), I am pleased to say.
    Originally posted by The Deep
    What about when they retire and lose the cronyism that protected them whilst in service??

    Eg:

    http://www.kentonline.co.uk/sittingbourne/news/ex-diplomat-jailed-for-child-sex-a14980/
    • Shaynes
    • By Shaynes 13th Dec 17, 8:00 AM
    • 1 Posts
    • 1 Thanks
    Shaynes
    Defence #2 newbies
    Hi we have just paid the £255 to the court to start the process and I was hoping to find the link mentioned to read the defence statements could you possibly send me the link as I canít find it? Many thanks
    • nosferatu1001
    • By nosferatu1001 13th Dec 17, 10:37 AM
    • 2,430 Posts
    • 2,980 Thanks
    nosferatu1001
    Shaynes - why have you as your FIRST POST posted on someone elses thread?

    Start your own
    Give some more details

    NEWBIES thread, post number 2. Its on the first page of this forum, about the 4th one down from the top, and post 2 is..well, post 2.

    You MUST (as Im guessing you havea CCJ already) read up on the set asidew process. You dont jsut file a defence, you must also show the court why the judgement should be set aside.
    • Coupon-mad
    • By Coupon-mad 13th Dec 17, 11:55 PM
    • 57,327 Posts
    • 70,927 Thanks
    Coupon-mad
    Hi we have just paid the £255 to the court to start the process and I was hoping to find the link mentioned to read the defence statements could you possibly send me the link as I can!!!8217;t find it? Many thanks
    Originally posted by Shaynes
    You don't need a link to a sticky thread at the top of the forum thread list. But my signature does tell you how to get there yourself, from any thread.

    Two clicks away.
    Last edited by Coupon-mad; 14-04-2018 at 11:35 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • sammy118
    • By sammy118 24th Jan 18, 3:52 PM
    • 1 Posts
    • 0 Thanks
    sammy118
    CCJ - set aside advice - statement
    Hi There,


    Very useful indeed. I am in the same situation. They have used an old address and parking incident happened two years after I had moved. The car in question was never registered there - bought at new address.
    Any guidance on preparing a strong statement? I have completed the form and working on the statement .
    Any help, greatly received.
    • Quentin
    • By Quentin 24th Jan 18, 3:57 PM
    • 35,556 Posts
    • 19,760 Thanks
    Quentin
    Same advice in #30 above applies to your situation!
    Last edited by Quentin; 24-01-2018 at 3:57 PM. Reason: A
    • Westy31
    • By Westy31 14th Apr 18, 11:09 PM
    • 1 Posts
    • 0 Thanks
    Westy31
    Would you mind sharing/ advising on your witness statement?
    I was served court papers to an old address, I didnít inform the debtor of my new address as the debt was statute barred.
    They adjusted the debt by £1000 (interest) and issued court papers - 6 years and 3 months after I made my last payment/ contact.
    Iíd really love some support/ help getting this dealt with properly and not making any rookie mistakes.
    Is there anyway I can request in court that I only repay the original debt and not the interest and fees that were unlawfully added on??
    • Quentin
    • By Quentin 14th Apr 18, 11:29 PM
    • 35,556 Posts
    • 19,760 Thanks
    Quentin
    If this is regarding a private parking charge you need to start your own thread and not hijack someone elses like this


    If you are asking a general question on court procedure then this parking forum is the wrong place


    Maybe try somewhere like legal beagle
    • Coupon-mad
    • By Coupon-mad 14th Apr 18, 11:38 PM
    • 57,327 Posts
    • 70,927 Thanks
    Coupon-mad
    I think 'debt free wannabe' might be the right MSE forum?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 15th Apr 18, 9:12 AM
    • 17,562 Posts
    • 27,763 Thanks
    Umkomaas
    Inevitable 'mission creep' given the morphing of this forum.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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