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    • wdm1985
    • By wdm1985 25th Jul 17, 11:44 AM
    • 56Posts
    • 37Thanks
    wdm1985
    Unknown CCJ with some complexities- please help
    • #1
    • 25th Jul 17, 11:44 AM
    Unknown CCJ with some complexities- please help 25th Jul 17 at 11:44 AM
    Hi Guys,

    Firstly- you guys are a credit to society for providing so much advice to people on this site. It really has been an amazing resource. So far I have had a good read of Coupon-Mads advice, post 2 on the newbies thread as well as reading all of the Saggi1975 threads on a successful appeal. Our case is a little more complex so please do read on and I would be grateful for some advice.

    I am writing to try and help my pregnant wife out (our first bambino is on the way!!!). We had applied for a new credit card to buy stuff for the upcoming arrival and to our surprise it was rejected. We are both doctors and there would be no reason to have bad credit- until we realised she had a CCJ in November which we knew nothing about. This has made her incredibly upset as not only are we trying to get stuff for the baby, we are also due to re-mortgage our first home.
    Essentially my wife had received four tickets at our tower block over the period of 2015. 3 of these were for overstaying the allotted time in a visitors spot and one for not displaying a permit. We had been wrongly advised by other residents these were frivolous and unenforceable and the paperwork was kept for about six months before being destroyed.
    This is where it gets complex. We received a redirected letter in Oct- I tried to post a pic but I am not allowed. Essentially it is for 4 tickets:
    3 for staying over time in a visitors bay
    1 for parking without a permit ( we did have one- it probably fell from the dash)
    This was a letter before action

    Given the amount of money involved my wife spoke to her friend who was a solicitor. She instructed him to negotiate on our behalf and he did so in October. After multiple back and forth we did not hear anything else from SCS or indeed our friend. As far as we are aware the last email/conversation went something like;
    “If I do not here further on this matter I shall consider it resolved”
    Fast forward to today and we have the CCJ. We received no court papers and no outcome of the verdict. To complicate things our family friend has moved to Brazil and I have not been able to contact him. My concern is that I have no record of the conversations between him and the Law firm- so I do not know if he admitted that my wife was the driver or just the registered keeper- which makes it hard to decide exact defence.

    I have contacted the court and we have confirmed that the CCJ was issued by SCS on behalf of UKPC. I do not have any documentation pertaining to the case. I can prove that we had moved address in March 2016 and we had a full mail redirect in place for 12 months so there was no court papers delivered. If this had been the case we would have either paid or defended. (I know the right answer is to defend- my wife might have paid).
    My issues before applying for a set aside:
    1. We did enter into discussions with SCS through an intermediary but do not know how far this progressed. Is this an admission of guilt?
    2. We have no email trail to see exactly what was said- I am desperately trying to get hold of our friend in the outback of Brazil.
    3. Are we still in a position to be able to apply for a set aside? Personally I still believe we have a case. On the basis that one ticket was issued for not having a permit- we did and I still have it. It may have fallen off the dash which commonly happened.
    Also the overstaying time at this block has previously been upheld by POPLA. I found this thread from last year
    forums.moneysavingexpert. com /showthread.php?t=5434719
    (there is a space in this to allow i to be accessed)

    This relates to the apartment block that we actually lived in. POPLA agreed with the claimant and I have reached out to the person who won the case to see if they reply.
    4. Can we ask for any further hearings to be held in a local court? My wife is now 17 weeks pregnant and has been quite unwell. This has been very stressful and upsetting for her and I don’t want her to have to travel anywhere far for this.


    Ultimately- We just want to have the CCJ removed. I know to do get a set aside this we complete an N244 (The court has provided this to me already). My only concerns are what I have raised are above but I don’t think we have any other option. Would you guys be able to look at our defence statements etc if we go ahead?

    This has come at such a bad time for us and its pretty stressful so help and support is very much appreciated.

    Many thanks,

    WDM
Page 5
    • wdm1985
    • By wdm1985 13th Jul 18, 5:07 PM
    • 56 Posts
    • 37 Thanks
    wdm1985
    I haven't forgotten this yet- just been absolutely swamped.

    The judgement in this case is very important for my next case as precedent- can any of you legal beagles advise how I get a typed verdict of the judges closing remarks and judgement. it will wipe out 7 of 8 tickets in my other case.
    thanks

    WDM
    • Umkomaas
    • By Umkomaas 13th Jul 18, 5:15 PM
    • 19,507 Posts
    • 30,864 Thanks
    Umkomaas
    The judgement in this case is very important for my next case as precedent
    If it was a small claims court case it will never be a 'precedent'. 'Persuasive' perhaps, but Judges are their own people and may totally disregard it.

    can any of you legal beagles advise how I get a typed verdict of the judges closing remarks and judgement.
    You should get the Judge's decision shortly after the hearing (but it's just that - a cold, short statement).

    However if you are looking for a full transcript of the hearing - look here:

    https://www.gov.uk/apply-transcript-court-tribunal-hearing

    A transcript ain't cheap, but as you seem to be fighting multiple tickets, then it may be a good investment (providing it's a favourable judgment for you!).

    PS - I'm not a 'legal beagle'!
    Last edited by Umkomaas; 13-07-2018 at 5:18 PM.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • wdm1985
    • By wdm1985 13th Jul 18, 5:32 PM
    • 56 Posts
    • 37 Thanks
    wdm1985
    Hi- Just looking a transcipt of summary remarks as she said things which are very pertinent to signage as the tickets are at the same site. Thanks for the link
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