Thanks very much, that's great. I'm going to try and mount a defence based on various things and will list them all in my submission.

Am I right in thinking that it may not even get to another hearing?

I've had my ccj set aside by the judge and he has ordered them to pay me £258 costs for lost time, my set aside fee and my travel. I now have 14 days to mount a defence.

Thank you dx. So could I mount a defence regarding them not being the landowners? That will mean a separate hearing won't it?

Hi everyone.

I was given a default CCJ against my name earlier this year by debt enforcement action Ltd

but they sent everything to my old address, as I have explained in a previous thread.

I have paid the money to the court for the hearing and I feel that I fit the criteria for a set aside

because I had let them know my new address and even offered a settlement,

which they ignored and went ahead with the CCJ,

sending the papers to my old address so I could not do anything about it.

The company has since written to me stating that they have no objection to the set aside

and are happy for the case to be reduced to a defended case.

They will also not be in attendance at the hearing.

I am happy if this is the case, but do I have a defence?

If the CCJ is removed and comes off my record

then I am also happy to make an arrangement with the company

as I don't want to then go to a defended case and lose it.

What are the options for me?

Any help much appreciated.

Thank you.

I have spoken to the court and they have confirmed that it was issued by debt recovery plus for a parking charge

. I have the number for their legal section but there is no answer and only an answering service but

I am reluctant to leave a message.I am going to complete the N244 and send it back to HMCTS with the fee, then just wait I guess. I hope I am able to get a set aside.

Thank you.

The link is very helpful but I have no idea what sort of defence to mount.

I don't want to have to pay the amount,

but I will if I really have to in order to get the CCJ wiped out.

Is the defence merely to get the set aside because I didn't receive the letter?

Ok, thanks. I don't know where to start though, other than phoning the county court money claims centre tomorrow.

Hi, I hope someone can help me.

We are looking to remortgage our house soon and I thought I'd do a quick check on on my credit report. I have always paid my credit cards and bills etc, so I was staggered to see that I had a CCJ against me in respect of my previous address, which we left in July 2013!

This is only recently, so I have not been able to contact the court or anything, but I will tomorrow. From doing some online research, I think it is from Debt Recovery Plus from a parking charge in 2013. I have £237 against me and I took (probably wrong now, I know) online advice to ignore the parking charge as it not enforceable.

I managed to obtain a letter from the new occupiers of our old house about this and even contacted Civil Enforcement Ltd in November 2013 about it, explaining my situation and offering a settlement or solution to the problem. I sent them a letter with my new address on and an email, which I still have on record.

The CCJ was issued to my old address and they were aware of my new address. I did not receive the papers. Is there anyway I can get this situation sorted and have the CCJ removed or set aside?

Thanks in advance.

Hi all.I am the rep for a friend of mine who has just lost her ESA appeal yesterday.

She did not do herself justice in her application and subsequent WCA and scored 0 points. The appeal was not successful as they only scored her 12 points based on my submission.

She suffered from a brain tumour in the late 80's and had part of her brain removed which has resulted in various mental problems. She has emotional lability, memory problems and a tremor amongst others.

She received IB topped up with IS for many years until having to claim ESA. She completed the form without considering the implications and was having a good day, so did not ask for any help. Anyway, it went to the appeal tribunal and the doctor was very harsh (imo) and made the decision to only award 12 points as she doesn't have a diagnosis of anything and kept saying that as it was not on the application form, they can't consider it.

The WCA decision was made in July 2013, so she can now apply for ESA again and will. All the stress and trauma has unfortunately now worsened her health and caused an element of depression and anxiety. I think she had these before, but the symptoms are much more prominent now.

I have advised her to go to the doctors with a family member and get treatment and a diagnosis of depression/anxiety with a new sick note which she can use in her new ESA application (she had an open ended sick note before, based on severe headaches and memory problems).

I'm sure I read somewhere that a person who received IS on the grounds of incapacity would only have to score 10 points in the WCA to qualify for ESA. Is that correct or am I making it up?!I am confident that she will be awarded ESA at the second attempt but just annoyed that she was overlooked for the backdated period.

Any help would be appreciated, many thanks.

That date is from the drc and is meaningless.

Just write to cel giving the name and address of driver, and stating that you are not liable.

Ok, thanks. Would I need to put in anything other than that and would you suggest giving my new address?

You could write to cel naming the driver and their address, keeper liability would no longer apply. Then your wife could appeal, rejected, and then go to POPLA and get it cancelled...

Great, thanks. They have given me until the 25th to pay. Am I able to contact CEL and do this by email? A letter would not there now unless I sent it first class today.

No on both counts but it would not be hard to find if they really wanted, however what you would need to watch for is that they don't realise and send a claim, which if you don't acknowledge would be granted in default. (which you could have set aside but would cost you)

 

CEL have issued a few claims however there normal MO if a defence is entered is not to pay the hearing fee and discontinue.

Ok, many thanks. Are there any links to successful defences that have being used? Just to save me looking!! Thanks again.

I take it the ppc and drc don't know your new address?

They don't - the DVLA do, obviously. Can they approach them for my new details? Am I legally obligated to tell them?

As far as I know, the only company that needs to be written to are Parking Eye as they are quite litigious at the moment. As for any of the others, not sure whether they do court or not. That really is the only time to get concerned. Remenber, it is the landowner who takes action unless CEL have their authority to act on their behalf

Well, the store is a Co-op, but the letter I have states that the location is "Car Park at ***** Street" and does not mention anything about the company. I'm still going to ignore this, as I feel that if it does go to court, I can put up a defence. I've heard of a few "cold cases" where the "offender (sic)" has ignored the threatening invoices then hears nothing, but then all of a sudden is summonsed to court a year or two down the line.

Hi

Too late to appeal now anyway.

 

Let's get this straight. This charge is not a debt and as such a DCA should not be collecting. Personally, I doubt anything will come of it by ignoring them but if you feel you should be doing something, you could write them a short letter. Two words would do for me

 

Unenforceable invoice, No debt, Owe nothing. No stress

Thanks for the reply. In your opinion, what are the chances of this going to court? They have not suffered any losses!! I felt vindicated by ignoring up to now, but with some people saying I should not now ignore, the seeds of doubt are planted.

Was this a screen jobby or was it ANPR it may well be and it usually is with CEL that they have timed out in regard to pursuing the keeper.

It was an ANPR. The parking charge date is given as 10 June 2013. We moved house on 12 July 2013 and I'm sure we had a letter from them before we moved, but whether it is within the 14 days or not, I can't remember. They state in their letter that they believe they have met the conditions of POFA but as we have moved house, the initial letter is somewhere, but I don't know where. My wife wants to just pay it and be done with it, but that is what these scumbags want isn't it? I want to email CEL now to state I wasn't the driver, but am I able to do that as they have now sent to a DRC?

Should I have done something about this earlier then?Is it best to respond to the PPC at this point? Sorry to ask such stupid questions, I'm sure you've heard them all before!

Hi Surfer and thanks for the reply.I have read that ignoring is now outdated and I shouldn't. I'm just worried that if I continue to ignore when there is something I could do about it now to get it cancelled, then I should!Regards.

Hi all.

I have received a letter from Debt Recovery Ltd acting on behalf of Civil Enforcement Ltd

for a parking charge on 10 June 2013 in England, where I was not the driver.

My wife is a Health Visitor and parked in a supermarket car park to go and see a new mum and baby

and overstayed by about 15 minutes.

We were then hit with this ridiculous charge which I have just ignored until now, as per advice but

I have done some digging recently and found that the best thing to do is not ignore.

Please can some kind person give me some advice?

The letter states that I have to pay the full amount (which has increased from £45.00 to £150.00)

or they will pass it back to the creditors solicitors and recommend that court action be taken.

They quote Schedule 4 of the Protection of Freedoms Act 2012.

What do I do now?

Do I write to the manager of the supermarket and complain or am I too late for this as it is now with debt collectors?

Or do I write to Civil Enforcement Ltd and state that I wasn't the driver, giving us time to appeal?

Also, the letter was not marked

"private and confidential".

Am I wrong or should it have been?

Anything would be helpful.

Many thanks.

I am presuming that your Dad had a heart related problem in Turkey and if this is so then LV would be entitled to decline the claim for a pre-existing condition. Only if you could prove that the health problem in Turkey has nothing to do with a pre-existing condition, could you look to dispute LV's decision.

 

In regard to Turkey, they are not part of the EU and therefore it is more difficult for the Hospital to pursue your Dad in the UK. They would need to gain a court judgement in Turkey and then try to get a UK court to enforce here. This is not going to be that easy and to make it even harder for them, your Dad should send them a dispute letter by recorded delivery. If your Dad has proof of a formal dispute with the Hospital in the form of a dispute letter, then he could use this if it ever gets to court. The dispute letter should state what you have said in your post. That the Hospital kept your Dad in for longer than required, carried out tests, for which the results were never provided, so therefore no diagnosis was ever discussed. A sum of £6k was paid at the time and it is totally disputed that there is any liability for additional sums. You would even question as to what the £6k paid was actually for, as an itemised bill was not provided at the time. Ask the Hospital for their complaints procedure, so this matter may be taken up with the Turkish authorities.

Hello. That is very helpful, thank you very much. I will put that together for him. Their worry is that if it gets to court and they lose, they wil have to pay costs and lose everything. I've told them not to worry and that it is unlikely to get that far, but I can't stop them worrying.

Thank you very much.

Hi all, this is my first post and I am a new user.

My mum and dad visited Turkey earlier this year. Unfortunately, my dad fell ill whilst they were there and was referred to a private hospital, as they had insurance with LV.

My dad had a stroke last year but has made a full recovery. He had a few health problems linked to that including having a heart monitor fitted and thought they had declared everything to LV.

However, they had not mentioned the heart monitor in error and when he was sent to hospital in Turkey, they checked his heart and because he had previous, LV would not pay out when my mum went to claim.

He stayed in for 4 days having all sorts of tests done, when he said he was fine and feeling better but they insisted that he stayed so they could do more tests. After 4 days, the bill was £12,000 and the hospital demanded payment when they left.

They could not afford that and paid £6,000 and left.6 months later and the hospital have contacted them and also sent a letter via DHL stating that they have 15 days to pay the balance or legal proceedings will start.

My questions are:Can they chase a debt from a foreign country?Are my parents even liable? They may have signed a document when entering the hospital for treatment, but is it a legal contract?Is the Turkish hospital partly to blame for the cost?

They thought they were getting insurance money, so kept my Dad in for four days when he said he felt better and did not need the tests. In the end, they did not even give any diagnosis.

Any help at all would be so much appreciated. Thanks.