Dvla Ccj

[Jamesx81x]

A county court judgement was issued against me by NCCBC on the 10/08/06 for a late licencing penalty.

 

I was not aware of this until i ordered my credit file last year as i had not received any court papers for me to defend it and it was issued by default.

 

After months of phone calls and a letter to NCCBC i was still getting no where with my enquiries into it just that i had not responded to court papers that i did not receive.

 

I made a Subject Access Request to the DVLA which has took 8 months for me to get it hence the massive amount of time between me noticing it and me writing this now. Today i received the request which is merely just screen prints of the vehicles records. Only thing it really tells me is that court action was issued and the CCJ registered by default. Also there is a mistake in my postcode as it shows an extra 0. If this is the postcode they used to make the claim then does this not point to a valid reason why i would not have received any paperwork?

 

There are no copies of any claim forms or court orders which you would expect to receive under a SAR as they had issued it.

 

With setting aside i understand thatit has to be done within a reasonable amount of time, but the time it has took me to gain the information required including an 8 month SAR contributes to this.

 

I am stuck with this CCJ on file that i was not given the chance to defend.

 

Any help would be greatly appreciated.

 

Thanks

[supasnooper]

Hi there,

 

Have a look at the link below on how to get a CCJ set aside -

 

Removal of CCJ's - Step by step guide to the process

 

If you think the claim paperwork was sent to the wrong address then you would have a reason to apply for a set aside.

[Jamesx81x]

Thanks for the reply.

 

I need to confirm first with the DVLA that the postcode showing is an error but as it has an extra 0 i would say so.

 

Bottom line is i received no claim form to issue a defence neither can DVLA provide me with any copies or evidence of the said claim.

 

Thanks

Edited July 21, 2009 by Jamesx81x
spelling mistake

[supasnooper]

I doubt that the DVLA would keep any copy of the claim.

 

If they did, they would be obliged to furnish you with copies if a Subject Acccess Request was submitted.....which you've done.

[Jamesx81x]

Understandable but how can they prove that i received the court papers?

 

No copies, no proof of postage, its just them saying i did not reply to the forms. Can only do that if i receive them.

 

Dont see why i am to suffer for their errors and me not having the chance to defend myself.

 

I understand i can go for the set aside but i am just trying to find out what my chances of success are as £75 is an alot of money i cant really afford at the mo but will pay it to resolve this matter.

 

The courts need to protect the consumer aswell as the creditors.

[supasnooper]

you may be entitled to fee remission -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195872-court-fees-remission.html