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    • Fitbit
    • By Fitbit 13th Oct 18, 8:25 PM
    • 5Posts
    • 0Thanks
    Fitbit
    CCJ Set Aside Advice please
    • #1
    • 13th Oct 18, 8:25 PM
    CCJ Set Aside Advice please 13th Oct 18 at 8:25 PM
    Evening all


    Earlier today I went to upgrade the car on my current finance only to be advised by the car sales person it had been declined.

    I called the finance company to find out more and they advised the application was declined due to a CCJ that was added to my credit report in March of this year at my previous address. I knew absolutely nothing about this CCJ. I have been advised this is due to unpaid PCN's.

    My previous job was based at an industrial estate and parking was sometimes a challenge however I never parked wrongfully or infront of any other units. After a few weeks of working there, I received a PCN from IG Security advising I had parked in front of another unit (I know for a fact I hadn't). I told my manager about this and he advised me to ignore it as this happens to all the workers there and the parking charge cannot be enforced. This then resulted in a threatening letter from ZZPS then a solicitor letter from Wright Hassall. I was still advised to ignore this by my manager who advised it would never be enforced.

    Since this I received 5 more of these letters that have all been referred to Wright Hassall.

    I received the last letter on November 13th 2017 and I moved in to my new property on November 29th 2017.

    My address details were changed with all creditors, council, DVLA and the bank by mid December at the absolute latest.

    Therefore I wasn't living at the address when the court summons/CCJ was issued. However in May 2018 (5 weeks after the CCJ was issued) the PCN's started coming to my new address- surely they must have known of my new address at the time and have just set the CCJ for the old address knowing I would never receive the documentation.

    I've spent a lot of time today reading up on what to do next and want to get this set aside as this will seriously impact my future plans (mortgage mainly). I'm panicking that I don't have a leg to stand on and I'm absolutely sick with worry.

    Any advice or help will be very gratefully received!

    Thanks
    Last edited by Fitbit; 18-10-2018 at 4:06 PM.
Page 1
    • Redx
    • By Redx 13th Oct 18, 9:16 PM
    • 20,388 Posts
    • 25,752 Thanks
    Redx
    • #2
    • 13th Oct 18, 9:16 PM
    • #2
    • 13th Oct 18, 9:16 PM
    read the 255 set aside advice in the NEWBIES FAQ sticky thread, post #2 , near the top of this forum


    that manager is a fool, shouldnt be giving out legal advice, should have kept his trap shut
    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
    • Fitbit
    • By Fitbit 14th Oct 18, 7:56 PM
    • 5 Posts
    • 0 Thanks
    Fitbit
    • #3
    • 14th Oct 18, 7:56 PM
    • #3
    • 14th Oct 18, 7:56 PM
    Thank you Redx

    I have now spent 10 hours in total reading up on what steps I should now take. Few questions....

    Is it worthwhile contacting the claimant directly to see if they would set aside before completing the N244 or shall I go straight through to the court?

    My main aim is to have the CCJ removed off my credit file....even if that means having to pay the balance from the claimant (over 1000). Therefore can my Witness Statement solely be based on the fact that the Judgement was served at the incorrect address so can be set aside and can go back to court for me to put in a decent defence but still have the CCJ removed if lost and paid within 3 days?

    Or would it best to put in a good defence on Witness Statement to try help my case? If so, what grounds could I work with on my defence?

    I've not switched off from this since I found out and I'm panicking so much about it. Please help
    • IamEmanresu
    • By IamEmanresu 15th Oct 18, 5:27 AM
    • 3,784 Posts
    • 6,227 Thanks
    IamEmanresu
    • #4
    • 15th Oct 18, 5:27 AM
    • #4
    • 15th Oct 18, 5:27 AM
    You pay 255 to have 10 minutes in front of a judge. Within that 10 minutes the judge applies two tests

    1. Were the papers served correctly in accordance to the court rules. The answer is they were not, as they were sent to an old address.

    2. The second test is whether there is a defence. Not is there a winning defence, just a defence which the next judge can hear / decide upon. You've said "I never parked wrongfully or infront of any other units. After a few weeks of working there, I received a PCN from IG Security advising I had parked in front of another unit (I know for a fact I hadn't)." So you have a defence and the set-aside should happen.

    The only other issue is whether your 255 should be repaid by IG Security and that depends on whether they deliberately sent the claim to the wrong address. So that would depend on whether you updated the DVLA on time or the facts about why IG had the wrong address in the first place/

    Based on the information so far, it will be a set-aside and but not the 255 refunded. But you'll not know about the refund until you do a bit more checking.

    As regards a rehearing, that will come down to the facts of each event where they issued a ticket. There seems to be a lot of them.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • Fitbit
    • By Fitbit 18th Oct 18, 4:05 PM
    • 5 Posts
    • 0 Thanks
    Fitbit
    • #5
    • 18th Oct 18, 4:05 PM
    • #5
    • 18th Oct 18, 4:05 PM
    OK update so far.....

    I've e-mailed the claimant asking for them to consider Consent Order- they have agreed on the below basis:

    1) The Judgement dated XXXX is to be set aside

    2) The Claimant is granted permission to amend the claim form as attached (assuming this means to new address)

    3) The Claimant be granted permission to file and serve the amended claim form upon the defendant

    4) The defendant is at liberty to file a defence within 14 days of service of the amended claim form

    5) There be no order as to costs

    Can someone please help simplify this for me? Is this a normal consent order? Are they playing games?

    Any advice or help will be very gratefully received!
    • nosferatu1001
    • By nosferatu1001 18th Oct 18, 4:22 PM
    • 4,148 Posts
    • 5,001 Thanks
    nosferatu1001
    • #6
    • 18th Oct 18, 4:22 PM
    • #6
    • 18th Oct 18, 4:22 PM
    5) is where they try to say they dont have to payy your applciation fee of 100, for something entirely their fault.
    Youre also being done out of 14 days of the defence time you would have had IF you had been told about it early enough.
    • Fitbit
    • By Fitbit 18th Oct 18, 5:48 PM
    • 5 Posts
    • 0 Thanks
    Fitbit
    • #7
    • 18th Oct 18, 5:48 PM
    • #7
    • 18th Oct 18, 5:48 PM
    5) is where they try to say they dont have to payy your applciation fee of 100, for something entirely their fault.
    Originally posted by nosferatu1001
    To be fair, this isn't a big thing for me. If I dispute it with them, I don't want them to refuse to
    amend this and then just say 'go ahead with your claim form'

    Does the rest of it look ok? I don't quite understand the second point. How would they amend the claim form? Is this just with the correct address details?
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