CCJ gone to old address from parking fine has resulted in rejected mortgage

Running · 9 April 2018 at 9:53PM

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

waamo · 10 April 2018 at 12:06AM

In your searching you missed this thread that tells Newbies to read it first.
https://forums.moneysavingexpert.com/discussion/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.

Redx · 10 April 2018 at 12:24AM

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 ?

[Deleted User] · 10 April 2018 at 6:23AM

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....

Quentin · 10 April 2018 at 9:50AM

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 · 10 April 2018 at 10:07AM

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 ?

Running · 4 June 2018 at 1:04PM

We wanted to add to our earlier posts. Firstly to thank everybody on this forum. The Newbie thread has been a hugely helpful resource and we have gone through it no end to help with our situation.

Just to recap when renewing our mortgage it came to our attention that we had 2 CCJs on credit file both relate to parking fine at gym car park operated by CEL. At the car park you are entitled to 1 hour parking, when accessing the gym you get 2 hours when you type registration into system. They are saying we overstayed the hour free parking but we have evidence of our attendance at the gym. So system didn!!!8217;t work. The original fines went to an old address, we have had no correspondence- similar to saggi1975.

We applied to have applied to court to have these set aside & sent 3 copies of all of our evidence, and draft order and WS. It has now been suggested we also send a pack to CEL ahead of court date.

We have our date for court- it is in next week.

Our defence is- we shouldn!!!8217;t have got the fine as we have evidence of being at the gym. If we had received the fine the gym could have had this revoked as there was evidence we were at the gym, we have received no correspondence and we acted quickly within a few days once it came to our attention.
Whilst we overlooked updating our v5 log book, at the time my mother was terminally ill and it was the only thing we overlooked when moving to care for her.

The gym have provided a letter saying they could have had the fine revoked.

Turns out there are another 2 fines same scenario, not CCJs yet but are in the court remit. We have had no correspondence but have written to CEL to appeal following letters on here. No response as yet. We plan to send a follow up letter later his week.

There was an additional CCJ that was within 28 days which we paid just to secure the mortgage.

We have written to local MPs too who are willing to support us.

At the time the CCJs landed my partner found out she was expecting a baby, she has since had surgery following a miscarriage and the dates link to all the stress with these CCJs too, we have medical evidence of this. It has been a horrendously stressful time.

We have been reading posts about what to expect on hearing day but are very nervous.
We plan to take a chronology for the judge and a skeleton argument.

We will update with court outcome on here.

Thanks to all the wonderful people who help on here.

The_Deep · 4 June 2018 at 2:47PM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

KeithP · 4 June 2018 at 3:39PM

You may find this video useful:

www.youtube.com/watch?v=n93eoaxhzpU

Running · 4 June 2018 at 5:54PM

Thanks both. I have been reading about the bill and quoted that in my letter to MP interesting hearing there arguments. Something needs to happen these parking companies are ruining people’s lives.

The you tube video was helpful too, thanks for that.

When we sent our bundle to court we provided 3 x copies of everything. It has been suggested we send this to the parking company. Have others done this ahead of the hearing?

KeithP · 4 June 2018 at 6:21PM

Have another look at your Notice of Allocation.

Does it say "Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing"?

CCJ gone to old address from parking fine has resulted in rejected mortgage

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