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    • roberts777
    • By roberts777 10th Apr 18, 10:12 AM
    • 15Posts
    • 9Thanks
    roberts777
    Paying a CCJ (DCBL)
    • #1
    • 10th Apr 18, 10:12 AM
    Paying a CCJ (DCBL) 10th Apr 18 at 10:12 AM
    I came across a CCJ that I had on my file whilst trying to obtain a mortgage. It was for an unapaid parking ticket issued by Excel parking. Having got in touch with the County Court Business Centre (CCBC) to pay the CCJ, I was passed on to Excel's solicitors who passed me back to Excel saying they were no longer dealing with this case. Excel gave me the details of DCBL.

    DCBL have added an additional £100 (Administration and Recovery Fee) to the original CCJ amount of £231. I need to settle the CCJ as soon as possible but am reluctant to pay the additional fee. Does anybody know what my options would be in this case?

    Thank you.
Page 2
    • roberts777
    • By roberts777 11th Apr 18, 8:42 AM
    • 15 Posts
    • 9 Thanks
    roberts777
    If your case is anything like the other DCBL Excel CCJ cases on here recently (and we have had a few, all currently going for set aside) then the CCJ is presumably from 2017?

    In which case paying it off does not clean up your credit, just marks it 'satisfied' which can still prevent a mortgage application, and continues to damage your credit for everything for 6 years from the judgment date.

    So 'set aside' is the answer, despite the pain of the up front court fee (that might be refunded if the Judge agrees with you and holds Excel to have no cause of action against you as registered keeper - which they don't).

    The hearing will be local, Excel are unlikely to turn up, you are in our experience, almost certain to get the CCJ set aside under the circs, and it should take no more than half an hour. i.e. half a day off work, again you can try to claim those costs from Excel along with the £255.
    Originally posted by Coupon-mad
    The CCJ was from 2016.

    Any idea when the parking event was? Pre POFA, early 2012? No chance that you were liable (unless the driver was known to Excel) and the claim was speculative and doomed if pre-October 2012. Even if later, Excel have never had the right wording on their NTKs to hold a keeper liable.

    I would do the £255 set aside, hold your head high and see off the outrageous scam* once and for all.

    *Hansard 2.2.18
    Originally posted by Coupon-mad
    Thank you Coupon-Mad, following yours and Quentin's postings I am edging towards putting in for the set aside.

    I'll just set out a more detailed series of evens to make sure that there isn't something I'm missing that wouldn't make my case proceed-able as I did ignore the original letters.

    3/15 - Overstayed at a Car Park, received PCN on car

    5/15 - 12/15 - Received letters from the Parking Company (Ignored them)

    12/15 - Changed address

    2/17 - Became aware of CCJ during credit report

    Does the above give me sufficient grounds for the set aside and will I need evidence to support this?
    • Quentin
    • By Quentin 11th Apr 18, 9:18 AM
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    Quentin
    Ignoring the original letters from the parking company is irrelevant

    But the fly in your timeline is that you became aware of the ccj in February last year

    This does make it unlikely that you can get success

    One factor in getting a set aside is that you must apply promptly as soon as you are aware a ccj has been issued

    (I wrongly assumed from you that you had just discovered this)
    Last edited by Quentin; 11-04-2018 at 9:20 AM.
    • nosferatu1001
    • By nosferatu1001 11th Apr 18, 9:28 AM
    • 3,429 Posts
    • 4,269 Thanks
    nosferatu1001
    Why oh why have you waited over a year?
    Almost no chance of a set aside, unless you can come up with a VERY compelling reason why you took 14 months to do anything about it.
    • The Deep
    • By The Deep 11th Apr 18, 9:29 AM
    • 10,012 Posts
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    The Deep
    I suspect that OP means Feb 2018.
    You never know how far you can go until you go too far.
    • roberts777
    • By roberts777 11th Apr 18, 9:33 AM
    • 15 Posts
    • 9 Thanks
    roberts777
    I suspect that OP means Feb 2018.
    Originally posted by The Deep
    Yes, it should've read Feb 2018. Cheers.
    • Quentin
    • By Quentin 11th Apr 18, 9:34 AM
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    Quentin
    I suspect that OP means Feb 2018.
    Originally posted by The Deep
    Still probably too late even if your suspicion were correct
    Last edited by Quentin; 11-04-2018 at 2:09 PM.
    • roberts777
    • By roberts777 11th Apr 18, 9:36 AM
    • 15 Posts
    • 9 Thanks
    roberts777
    Ignoring the original letters from the parking company is irrelevant

    But the fly in your timeline is that you became aware of the ccj in February last year

    This does make it unlikely that you can get success

    One factor in getting a set aside is that you must apply promptly as soon as you are aware a ccj has been issued

    (I wrongly assumed from you that you had just discovered this)
    Originally posted by Quentin
    Cheers Quentin. Was my last posting that was incorrect. I have only recently become aware of this.
    • roberts777
    • By roberts777 11th Apr 18, 9:39 AM
    • 15 Posts
    • 9 Thanks
    roberts777
    Just pulled up the Credit report I ran to find out about the CCJ and the date on it is March 2nd 2018. Apologies for any confusion and thank you for your patience.
    • roberts777
    • By roberts777 11th Apr 18, 12:25 PM
    • 15 Posts
    • 9 Thanks
    roberts777
    I have included a draft of my Witness Statement. Does it seem sufficient and is there anything I should do to strengthen it? Also, am I correct that the N244 form should be directed to the nearest court in the County of my current address?

    WITNESS STATEMENT OF XXXXXXXXXXXX
    _________________________________

    I XXXXXXXXXXXXXXX of XXXXXXXXXXXXXXXX being the Defendant in this case will state as follows;

    1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXX Judgment dated XXXXXXX) be set aside.

    2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
    (a) the defendant has a real prospect of successfully defending the claim; or
    (b) it appears to the court that there is some other good reason why –
    (i) the judgment should be set aside or varied; or
    (ii) the defendant should be allowed to defend the claim.

    3. I learnt of the existence of this claim on the XXXXXXX when I ran a credit check and subsequently a Registry Trust Limited (RTL) search and had no knowledge of it prior to this date.

    4. My address changed in XXXXXXX and a redirection service was in place.

    5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant’s failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

    6. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

    7. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.
    • ampersand
    • By ampersand 11th Apr 18, 12:29 PM
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    ampersand
    Consistent spelling, 'judgment', not 'judgement'[point 6]
    Await others' input.
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    • Coupon-mad
    • By Coupon-mad 14th Apr 18, 1:45 AM
    • 61,685 Posts
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    Coupon-mad
    Just pulled up the Credit report I ran to find out about the CCJ and the date on it is March 2nd 2018. Apologies for any confusion and thank you for your patience.
    Originally posted by roberts777
    OK so make sure your N244 set aside application is filed next week, then that is quick enough IMHO (which the Judge will expect to see).

    Also, am I correct that the N244 form should be directed to the nearest court in the County of my current address?
    Yes.

    As well as the WS, you need to file a Draft Order like the one shown here:

    http://forums.moneysavingexpert.com/showthread.php?p=74133105#post74133105

    Basically telling the Judge what you the Defendant, would like him/her to order as a result of your application and hearing to set aside.

    At the hearing, you will need to be armed with a draft defence to show the Judge that you also have good prospects of successfully defending the claim (and in a really good case, a Judge might consider the defence and order the claim struck out altogether an the set aside fee refunded, if it is clear there was no cause of action).

    More commonly, the costs would be 'reserved' till later (in the expectation of a full hearing of the claim to follow) but the difficulty comes if Excel just discontinue...hence why your Draft Order pushes for that eventuality to be covered for the wronged consumer.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Quentin
    • By Quentin 14th Apr 18, 9:50 AM
    • 37,320 Posts
    • 21,507 Thanks
    Quentin
    OK so make sure your N244 set aside application is filed next week, then that is quick enough IMHO (which the Judge will expect to see)........
    Originally posted by Coupon-mad
    Not nearly quick enough.

    The application for a set aside must be sent in promptly, and although it's not defined, over 2 weeks is too long.

    When you get a claim you only get the 14 days from service to respond, so expecting over 6:weeks to be ok for a set aside application is unlikely to go through without good reason for such a long delay
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