In September 2018, a County Court Judgement was set against me for an unpaid PCN from Vehicle Control Services.
Although I was aware of the claim request from the court in September and I had attempted to settle the claim with VCS within the 30 day window, VCS had failed to call me back after emailing them my mobile number to call me to take payment.
The back story to this is that I called VCS to dispute the claim.
The agreement was that I would pay £70 instead of the original £100 as requested by the Court letter.
Although VCS had an online payment portal, this was still displaying as £100.
VCS told me on the phone to email them my mobile number and they would call me back to make payment.
Although I sent the email (which I have evidence of), no phone call was made.
Granted I could have called back myself, but I was under the impression that since I had tried to deal with the claim, no CCJ would be put against me as I had tried to deal with it within the 30 days. The ball was in VCS's court to call me back to settle the claim
. I've since now discovered that it does not work like that.
Unfortunately, It wasn't until August 2019 when I did a random check on my credit report that I discovered that i'd got the CCJ against my name.
Not only was I not aware that this had been placed against me because I had received no communication of it, but I believe it is completely wrong for the claimant to ignore my request to make payment and instead file for the CCJ.
I've taken it upon myself to research that I can get this removed with a Consent Order / Tomlin Order from the claimant.
I've called and spoken to VCS who have acknowledged that they did not call me back, but as long as I made the payment they would provide me with a Consent Order.
Upon this, I've paid the £70 PCN and was provided with a consent order that ordered;
1. The judgement entered against the Defendant in the above number numbered claim on the 25th September 2018 is to be set aside.
2. The Claim be dismissed.
3. There shall be no order as to cost.
This was sent to the County Court as part of an application, alongside the email thread between myself and VCS (which showed I provided them with my mobile number) and the following explanation:
Since your last email I have taken your advice and contacted the claimant directly.
I've shown them my email evidence that I tried to make payment within the 30 days of receiving the court order, and that they had failed to contact me to make the payment.
In response to this, I have now made payment and they have given me a consent order to give to the courts to have my CCJ removed.
Please find the consent order form, along with the email correspondence between the claimant and myself attached.
Payment of £100 has been made to the court from myself.
Authorisation code: XXXXXX
Please could you confirm you have received this email and inform me of how soon this can be looked into?
Is there anyway to expedite it?
The reason being is that my employment is currently under threat because of this CCJ.
The Deputy District Judge has since responded with the following comments:
"The judgement was regular.
This looks like credit washing.
If the debt has been paid the Defendant should obtain a certificate of satisfaction of the debt from the claimant."
I feel the judge has completely ignored the fact that I made contact with the claimant within the 30 days to discuss part admission to the claim, and that this judgement has only occurred due to my misunderstanding of the legal process and through the negligence of communication from the claimant.
I've been given the opportunity to write back to the court to appeal, but I really don't know how to word my response correctly so that the judge completely understands?
and what further evidence do they require?
Does VCS need to acknowledge what happened on the Consent Order?
I'll be lucky if they do this for me, what's the incentive for them to do so, I've already paid them.
Any help or guidance anyone can provide would be very much appreciated!