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Old 5th June 2007, 22:40   #1 (permalink)
bracknellboy
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Default Dvla Ccj's

Hi

Just got a copy of my Credit Record, and found 2 CCJ's from the DVLA on there, which I knew nothing about!

Can anyone advice please.

Thanks
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Old 5th June 2007, 23:12   #2 (permalink)
diskmandave
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Default Re: Dvla Ccj's

Phone the court and ask in the first instance. You may have unpaid/unknown fines and even outstanding arrest warrants. They may even be mistaken, but 'til you 'phone and ask....

Good luck, Dave.
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Old 6th June 2007, 00:30   #3 (permalink)
bracknellboy
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Default Re: Dvla Ccj's

have done thats how i know its the dvla, didn't receive any court papers or anything
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Old 7th June 2007, 10:52   #4 (permalink)
Belaflat
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Default Re: Dvla Ccj's

You are'nt the first.
Funnily enough, during a conversation with a friend only 3 days agop, he mentioned that due to forgetting to notify change of ownership of a vehicle, he ended up with a CCJ for not taxing it.
No paperwork received, nothing. He found out by checking his credit file after being turned down at his bank for a mortgage.
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Old 7th June 2007, 11:05   #5 (permalink)
Mincemeat
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Default Re: Dvla Ccj's

I'm wondering how you can get these overturned due to lack of paperwork? I bet the judiciary are about as helpful as an icecream in a blizzard in removing them as they are created by a government agency
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Old 7th June 2007, 16:25   #6 (permalink)
bracknellboy
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Default Re: Dvla Ccj's

thats what me was thiking also
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Old 16th June 2007, 18:16   #7 (permalink)
woolfie
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Default Re: Dvla Ccj's

You can get them removed I just got one removed last week. Cant find a copy of the letter but it is on here somewhere. You need to apply to have it set aside because you didnt receive the paperwork and therefor couldnt lodge a defence.

Woolfie
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Old 16th June 2007, 18:26   #8 (permalink)
woolfie
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Default Re: Dvla Ccj's

Ok I found some more info about this!!

3. Request removal of unfair/incorrect judgements.

Some judgement(s) may heve been unfairly or incorrectly awarded against you. An N244 form is used to request to a court to remove these. Forms are available free of charge from the courts, or you may download a N244 form here. Complete the N244 giving details relating to your county court judgement and give a reason for having the judgement set aside. Possible valid reasons to have a CJJ set aside are:-
  • Fraud and Identity theft. Somebody used your name or address to obtain credit, which resulted in a County Court judgement without you knowing.
  • Not given 28 days notice to pay.
  • Incorrect address when the summons and judgement took place.
  • Summons not received, not sent by recorded mail.
  • Unable to attend court and defend yourself.
  • The judgement should not appear on the credit files if it debt was settled within 28 days.
  • In case of agreement to settle 'out of court' with the plaintiff, you should not have received a Judgement.
  • If you did not receive any notification of the judgement/s made against you, then you can appeal.
  • Acceptance of full amount of the judgement at the time, but now only agree partially
  • Summons taken out against both yourself and another person jointly one only one party received summons
  • Inavailability /out of the country, etc between the issue of the summons and entry of the judgement.
  • Summons received late, so not given 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been made.
I used the form mentioned above to tell the court that i had not received any papers regarding the action against me. Now as most of the court papers like this are sent out in the regular post they have no evidence of your receipt of them.

If they cannot prove you received the papers then they have to have the judgement set aside which means it is removed from your credit file. This will take 4-6 weeks in total.

Rgds

Woolfie
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Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.




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Old 17th June 2007, 00:37   #9 (permalink)
bracknellboy
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Default Re: Dvla Ccj's

Thats really helpful Wolfie, thanks
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Old 14th July 2007, 15:04   #10 (permalink)
runtothehills
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Default Re: Dvla Ccj's

Hi, I've jst had my ccj set aside by the court after using the N244 form. I'm also now having to take the DVLA to the small claims court because they still expect me to pay the fine (I was not the legal owner of the vehicle in question at the time). I've got my own thread on the DVLA thread if you want to read about my ccj being put aside, as I believe how you word it will be fundamental to your success. Good luck.
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