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  • FIRST POST
    • Running
    • By Running 9th Apr 18, 9:53 PM
    • 3Posts
    • 1Thanks
    Running
    CCJ gone to old address from parking fine has resulted in rejected mortgage
    • #1
    • 9th Apr 18, 9:53 PM
    CCJ gone to old address from parking fine has resulted in rejected mortgage 9th Apr 18 at 9:53 PM
    Hi

    I am wondering if anybody could offer some help, have been searching the forums all day to get advice on next steps after finding out I have received 2 CCJ's and I am hoping to get these set aside. I have printed some documents from the site but wanted to share my story to see if anybody had any ideas on how to proceed.

    We have been waiting almost a year for our house sale to go through, we are first time buyers and it has been a year of collapsed chains. We had good news that things were progressing again and so sought to renew our mortgage for the third time, on the previous two occaisions we were accepted no problem. However I have just found out that our mortgage has been declined due to an issue with my credit rating. When downloading my credit report I was horrified to see that I had two CCJs listed against my name at my old address where I have not resided for 3 years.

    When ringing Northampton court it transpires there are two seperate CCJs, one has nothing recorded, the other has a pcn number from my local gym car park. As a gym member you usually get two hours free parking when signing in on a screen at the gym. Sometimes there are errors with this and if a pcn comes through (as it has for our other car, you take to the gym and they have it written off). I have checked and the day the pcn relates to the gym have evidence of my OH who was using the car and is on the insurance, logging in and out of the gym within the 2 hours. We don't have the details for the second date to check but will probably be the same scenario.

    We have received no information only this alert showing on our credit file and it transpires all documentation has gone to my old address. It was an error on my part, not amending the V5 but it didn't even register, I pay the tax monthly on direct debit. At the time of moving my mum was terminally ill and we relocated to care for her, all other bills were changed to new address and we set up two seperate Royal Mail redirections to catch any missed post and I am registered on the electoral role etc.

    The main priority is getting our mortgage that I have waited so long for, I was planning to satisfy the CCJs if this meant the mortgage went through but the mortgage broker has suggested trying to get the CCj's set aside, as a starting point and I just wondered if anybody can offer any helpful advice. I will start drafting a witness statement asap, with the defence that I have never received any copies of the paperwork, there is evidence we were at the gym and whilst we did not amend the V5, I have done so today, as soon as it came to my attention and at the time of the move I was experiencing the hardest time in my life with mum dying.

    My first question is how do I find out further details about the second CCJ to set this one aside too? Or do I put both arguments in one appeal?

    Do we email the parking company directly to negotiate a pay off and CCj being removed?

    Any helpful advice anyone can offer would be greatly appreciated especially as we are in such a time precious situation about 6 weeks away from when we're due to exchange contracts on our house.

    Thanks
Page 1
    • waamo
    • By waamo 10th Apr 18, 12:06 AM
    • 3,181 Posts
    • 4,206 Thanks
    waamo
    • #2
    • 10th Apr 18, 12:06 AM
    • #2
    • 10th Apr 18, 12:06 AM
    In your searching you missed this thread that tells Newbies to read it first.
    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    The second post in that thread details the court process. Late on in the second post is a step by step guide to getting a set aside.
    This space for hire.
    • Redx
    • By Redx 10th Apr 18, 12:24 AM
    • 18,092 Posts
    • 22,872 Thanks
    Redx
    • #3
    • 10th Apr 18, 12:24 AM
    • #3
    • 10th Apr 18, 12:24 AM
    this 6 week time frame seems unrealistic to me , I cannot see the CCJ,s being set aside and new hearings booked in such a short space of time

    the wheels of justice turn very slowly

    but setting them aside is what you should pay for and do, because until this happens the CCJ,s will remain on your credit record and trash it

    we know it as "credit clamping" and the government have looked into this over the last 18 months or so, because it is diabolical

    which idiot parking company or companies have done this to you ?
    Last edited by Redx; 10-04-2018 at 12:26 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Johnersh
    • By Johnersh 10th Apr 18, 6:23 AM
    • 1,013 Posts
    • 1,946 Thanks
    Johnersh
    • #4
    • 10th Apr 18, 6:23 AM
    • #4
    • 10th Apr 18, 6:23 AM
    Youll be lucky to have a hearing set down within 6 weeks.

    If time is of the essence and you have the dollar, the quickest method will be a consent order to set aside and an offer to pay in full - particularly if same PPC has two ccjs against you. This is also lowest in terms of risk as it guarantees the outcome.

    If both ccjs relate to the same PPC one 255 fee could be used to apply to set aside both ccjs.

    Do bear in mind that the documents were validly served at your last known address precisely because they are entitled to rely on the address shown on the current v5. It's only if they obtain details, sit on them for months, that it can sensibly be argued that other address searches need to be repeated.

    If you are going to apply to set aside, you need to do so promptly, so now you know about it, that means before the end of this week....
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Quentin
    • By Quentin 10th Apr 18, 9:50 AM
    • 35,547 Posts
    • 19,745 Thanks
    Quentin
    • #5
    • 10th Apr 18, 9:50 AM
    • #5
    • 10th Apr 18, 9:50 AM
    You say you only have 6 weeks to exchange.

    In that case you have much less than 6 weeks to resolve this (getting a new mortgage will have to be sorted prior to exchange, and won't be possible till the ccjs are expunged from your credit files. Although the ccj register does get updated immediately there are changes it does take time for the information to cascade to the credit reference agencies.

    So find out if you can get all this done in time before deciding on your course of action - it would be frustrating were you to pay them off only to discover any set aside by consent comes too late to get the mortgage in good time for you to exchange
    • Half_way
    • By Half_way 10th Apr 18, 10:07 AM
    • 4,116 Posts
    • 5,844 Thanks
    Half_way
    • #6
    • 10th Apr 18, 10:07 AM
    • #6
    • 10th Apr 18, 10:07 AM
    has this caused you any stress/worry, or cost you anything?
    Have you contacted the gym, eco will be responsible for the actions of their agents ?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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