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  • FIRST POST
    • Bambi82
    • By Bambi82 21st Mar 18, 4:14 PM
    • 32Posts
    • 29Thanks
    Bambi82
    MIL collections CCJ
    • #1
    • 21st Mar 18, 4:14 PM
    MIL collections CCJ 21st Mar 18 at 4:14 PM
    hi all

    I have found my self in the same predicament as many other people on this forum and have found out that i have a CCJ from MIL collections by doing a credit search.

    I have read many posts on here and other sites regarding getting the judgement set aside, so many that i think that im driving my self insane!

    The CCJ is for a PCN from LDK ltd nearly 5 years ago and i am informed from Northampton county court that the debt was purchased nearly 2 years ago by MIL. The court did not know who the debt was bought from just that it was for a PCN. MIL then applied for the CCJ within a month and was awarded the CCJ as i never showed up.

    The truth is that i never new about the pcn as i never had a ticket and i moved from the address about 6 weeks after the alleged parking violation and never received any in the post. I certainly never new about any court action over the incident 3 years after i moved from the address.

    I wrote to the DVLA and got the details of the alleged parking violation and who accessed my information which is how i know it was LDK.

    I want to fight this and get the CCJ set aside, would there be grounds to have it set aside on LDK passing my details to MIL illegally and myself not being aware of the court action due leaving the address 3 years previous? Or do i need to fight the PCN as well?

    I have read all the newbies information and suggested posts numerous times, along with many posts about MIL, LDK and others, but i think i am starting confuse my self.

    any help would be very much appreciated as its really starting to worry me now.
    Last edited by Bambi82; 27-03-2018 at 6:52 PM.
Page 3
    • Bambi82
    • By Bambi82 27th Mar 18, 5:41 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    Thank you all so much for the advice and moral support, like i have said, this sort of thing terrifies me and with everybody's advice i have managed the first part!!!

    I will post in the morning and as and when i have any news i will keep you all posted.

    Many thanks.
    • Bambi82
    • By Bambi82 8th Jun 18, 3:27 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    I have got the date for the hearing at my local court in 6 weeks time. The court papers did'nt say much, just gave me a date for the hearing.


    Is this the time when it will be decided or will there be another stage?


    Thanks
    • Quentin
    • By Quentin 8th Jun 18, 3:31 PM
    • 37,525 Posts
    • 21,736 Thanks
    Quentin
    I have got the date for the hearing at my local court in 6 weeks time........mm

    Is this the time when it will be decided or will there be another stage?


    Thanks
    Originally posted by Bambi82
    Yes that's decision day
    • Coupon-mad
    • By Coupon-mad 9th Jun 18, 6:50 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    It's only the set aside hearing isn't it? That does not necessarily stop the claim, just removes the CCJ if you succeed. The PPC could proceed after that, to a hearing about the actual charge.

    Make sure you ask the DJ to either make an order to refund your 255 costs (and attendance costs for the hearing - travel, parking, loss of leave/salary) OR in the alternative, to reserve the matter of costs.

    This is to protect you if the PPC then discontinue, having totally wasted your time and the court's time, as they usually do.
    • twhitehousescat
    • By twhitehousescat 9th Jun 18, 7:18 PM
    • 1,934 Posts
    • 2,408 Thanks
    twhitehousescat
    It's only the set aside hearing isn't it? That does not necessarily stop the claim, just removes the CCJ if you succeed. The PPC could proceed after that, to a hearing about the actual charge.

    Make sure you ask the DJ to either make an order to refund your 255 costs (and attendance costs for the hearing - travel, parking, loss of leave/salary) OR in the alternative, to reserve the matter of costs.

    This is to protect you if the PPC then discontinue, having totally wasted your time and the court's time, as they usually do.
    Originally posted by Coupon-mad
    however this is NOT a PPC , its Mil , the DVLA and others have stated the sale of the claim is illegal

    they cannot restart the claim , documentary evidence would get a MCOL stopped and thrown out

    when this is sorted , time to cause ldk some (financial ) worries
    Last edited by twhitehousescat; 09-06-2018 at 7:31 PM.
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Coupon-mad
    • By Coupon-mad 9th Jun 18, 7:45 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    I didn't mean restart the claim, I meant they 'could' proceed with it, if the Judge leaves that window open. MIL won't. But I don't want the OP to be 255 out of pocket and left up the creek without a paddle to get it back easily (except by suing MIL and the PPC).

    The OP really MUST make a good case to get their costs paid on the spot, or be 'reserved' on the basis that MIL are now likely to discontinue, that the claim was entirely without merit and breached the DPA and the KADOE and indeed, the OP should file in advance (to MIL and to the court) a costs schedule setting out all the expense and asking for punitive costs on the indemnity basis.
    • Bambi82
    • By Bambi82 10th Jun 18, 8:16 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    Hi everybody
    In the draft order i attached to the courts i asked for the costs to be reserved and if the judgement is found in my favor that the claimant pay the costs.

    when i go to the hearing i will take the proof of address change etc.to show that MIL served to the wrong address and the letter i got from the DVLA showing that LDK have sold my details, what other documents / proof should i take?

    As soon as this is sorted, i will be going to war with LDK parking.
    • Coupon-mad
    • By Coupon-mad 10th Jun 18, 8:25 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    - a printout of Sir Oliver Heald's words about CCJs sent to old addresses.

    - The FOI or email on the forum somewhere, about PPCs no being allowed to sell data. To show the Judge this is NOT allowed...unless your own email confirms it was not allowed to sell this data?

    - evidence that MIL routinely discontinue - Google MIL discontinued Parking Prankster and you get this:

    http://parking-prankster.blogspot.com/2016/06/mil-collections-discontinue-casesby.html

    and

    http://parking-prankster.blogspot.com/2017/01/advocate-admits-he-always-loses-mil.html

    and

    http://parking-prankster.blogspot.com/2017/03/mil-lose-set-aside-hearing.html

    That last one even helpfully has the Sir Oliver Heald link you need to print out!

    Read other MIL set asides to see what other people took along. Keywords in bold for your forum search.
    Last edited by Coupon-mad; 10-06-2018 at 8:30 PM.
    • Bambi82
    • By Bambi82 10th Jun 18, 9:54 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    Thank you Coupon-mad
    your help has been a god send. without the help of the people here i would of been lost!
    • Bambi82
    • By Bambi82 22nd Jul 18, 4:37 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    MIL collections have written to the courts to inform them that they will not be attending court and they consent to the set aside!
    • Coupon-mad
    • By Coupon-mad 22nd Jul 18, 4:41 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    Right so you must still attend - and treat it as a costs hearing as well, since MIL never had any cause of action and no valid interest in the matter and should pay your costs.

    You've paid 255, yes? Plus time off work for the hearing, and travel/parking on the day and the time spent on defending a claim this Claimant never had the capacity in law, to bring.
    • Bambi82
    • By Bambi82 22nd Jul 18, 5:05 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    I certainly will be attending, they have asked the court to be minded for a hearing if the set aside is agreed.?
    • IamEmanresu
    • By IamEmanresu 22nd Jul 18, 5:05 PM
    • 3,664 Posts
    • 5,995 Thanks
    IamEmanresu
    You should also check out that MIL Truro case. There will be a few items in their you can use.

    Someone will have the link.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Coupon-mad
    • By Coupon-mad 22nd Jul 18, 5:18 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    Not me, for obvious reasons. There is a clear line I draw.
    • Bambi82
    • By Bambi82 31st Jul 18, 6:44 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    Well it took about 5 minutes at the hearing! The CCJ was set aside with the set aside costs being refunded to me.

    MIL didn't show so it was over in minutes! But the judge said they could re apply to the courts if they wanted? the judge wasn't interested in anything else other than the set aside of the CCJ.


    Thanks
    • Umkomaas
    • By Umkomaas 31st Jul 18, 8:37 PM
    • 19,813 Posts
    • 31,287 Thanks
    Umkomaas
    Well done, excellent result for you. It's a pity none of these cases finally nail MIL to the wall.

    But the judge said they could re apply to the courts if they wanted?
    I doubt they'll be back for more, but you know where we are if needed.
    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.
    • Bambi82
    • By Bambi82 1st Aug 18, 10:12 AM
    • 32 Posts
    • 29 Thanks
    Bambi82
    Thanks UmKomaas, everybody has been such a big help on here!


    many thanks
    • Bambi82
    • By Bambi82 11th Aug 18, 12:01 PM
    • 32 Posts
    • 29 Thanks
    Bambi82
    I still have not heard anything from the courts or MIL collections? And i still have the CCJ on my credit file, MIL collections had 21 days to refund me the set aside costs and that has just passed. Does it take a while to to remove the CCJ? I am going to ring the court on monday but thought i would ask here first to see how long it usually takes.


    thanks
    • Umkomaas
    • By Umkomaas 11th Aug 18, 12:05 PM
    • 19,813 Posts
    • 31,287 Thanks
    Umkomaas
    Quentin is well versed on the CCJ front and hopefully he'll be along sometime this weekend. It is my understanding though (from reading past inputs here) that it can take around a month for the rating agencies to update their records.

    I'm sure Q will advise in due course.
    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.
    • beamerguy
    • By beamerguy 11th Aug 18, 12:19 PM
    • 8,847 Posts
    • 11,720 Thanks
    beamerguy
    MIL collections had 21 days to refund me the set aside costs and that has just passed.


    thanks
    Originally posted by Bambi82
    If MIL do not pay you, for a recoverable fee, you can
    request the courts to send bailiffs to MIL to collect the debt
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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