DVLA CCJ - Set aside (unpaid tax)

[thed4ddy]

Hi,

 

Was hoping someone could help.

 

Recently discovered that I have a CCJ on my credit report after some digging and it turns out the DVLA issued a £100 fine due to a car I had which got wrote off and tax ran out.

 

I went through my paper work and found a copy of a letter which I wrote to DVLA stating the car had been written off and I would like to declare the car off the road (dated before tax ran out).

 

I also found another letter stating I had to pay a fine, I replied to this letter with a copy of above letter and sent back to DVLA. I heard nothing from them thereafter (until I seen the CCJ a year and a half on).

 

 

After some research I applied to the County Courts to re-open the case, and had a hearing today.

 

The Judge advised me he will put down to set aside, but he doesn't know how much that will help me and told me to put into writing why I don't need to pay the £100 fine.

 

I was a bit confused and asked him to explain, he wasn't willing to so I just asked him some questions. From which I got

* I have to now write to DVLA and the courts same as I did in my re-open application but in a bit more detail

* use same case ref

* I have until the 20th May to do this.

 

 

So seems clear enough but I'm a bit confused, does this mean the CCJ will get set aside and taken off my Credit file after I submit this paper work again.

 

 

Any help appreciated,

Thanks,

[leachyd]

Interesting as i am currently stuck in a similar battle (car was stolen) and letters were sent to me after i had moved house)

 

From what i understand, set aside doesn't judge on whether or not you owe the money, just whether it was fair/unfair that you weren't able to defend yourself. Clearly the judge feels that you were unable to defend yourself and so is giving you another chance to go back to the dvla to argue it out with them before they may or may not recommence legal proceedings to get the £100 from you. Chances are that DVLA will spot the mistake and that will be the end of it. If they don't back down and you don't pay the £100 then they will apply for another hearing and if you lose that you'll get the CCJ back on your credit file.

 

Hope that helps.

 

Maybe you could help me?

 

What was the hearing like? I just want to know if the DVLA actually turned up really! Also, were you allowed to put your case across verbally/where you asked questions etc?

 

Thanks,

 

D

[thed4ddy]

Hi mate,

 

Thanks for your response, I've sent my response back to DVLA and the courts did special delivery to ensure it got there in time.

 

Hearing was not bad, the Judge was trying to catch me out on my application. Just make sure you know everything you have submitted and speak confidently.

 

No DVLA did not turn up at all.

 

Case? Yes there is some explanation you can give, but my Judge was acting confused and even whilst he asked me to explain he didn't really seem bothered to listen.