DVLA CCJ consent order - what????

[dxangel]

I am hoping someone can help me - so far ive tried about a million forums, the CAB and even motoring solicitors and noone seems to understand what i need to do!??!

 

History:

 

The original offence is for late licence for a car i owned for 3 weeks and then got scrapped - i paid the fine and thought nothing of it. Then in Oct 05 i get a letter from northampton CC via dvla about a late licence penalty not being paid - i wrote back to NHCC with my defence ( i paid it!) and i heard nothing more about it.....

 

Little did i know that DVLA begged to differ, so started proceedings and referred the matter onto the Sidcup enforcement office and Central London CC. Now somewhere between CLCC and Sidcup enforcement, the address had been (comedically) mis-typed.

 

Result - i never recieved the summons, and therefore my day in court. Found guilty in my absence, and CCJ slapped onto my record with £100 outstanding.

 

Fast forward 5 years when i want to apply for a mortgage.CCJ is affecting my credit now so i want it off!

 

So i called CCLC found out it was DVLA, phone DVLA, get passed around to 4 different call centres as even THEY dont know what it relates to start playing 'guess the reg of a car you owned for 3 weeks 5 years ago' game... ended up FAXING dvla asking them to investigate, hey presto, Bournemouth come back to me with the car reg and offence.

Once again i investigate and confirm with CCLC the incorrect address and call the DVLA back as i have heard they can take the CCJ off without it going through the courts. Eventually got through to a nice prosecutor at Sidcup, who advised me to look up a tomlin order/consent order which would state as long as i paid the outstanding amount, and didnt persue costs the dvla would agree to a set-aside.

 

But im a bit confused ! Not the SAB or the solicitor have heard of a tomlin order/consent order being used in this fashion. and im a bit confused as to what to write on it, and after its been agreed HOW does the CCJ come off? do i make it removed by DVLA or do i have to apply for a set-aside???????

 

Im hoping someone/ANYONE can give me even a teensy bit of advice on this as i am really stumped!

[buzby]

Irrespectve of who does it, a set aside will remove the CCJ, as it re-runs the action. If the DVLA do it, it doesn't cost you anything, they then advise the court that they will not pursue the action and the matter ends. The DVLA have no powers to remove a CCJ without going to court, it MUST be a court-driven process. Becasue of DVLAs error, you have been disadvantaged, so there is a good chance you MAY be in a posaition to seek redress for their error, but it requires the court to be sympatheric to your situation. Do bear in mind, the CCJ had only 12 months or less to go before it is not displayed on your credit file.

[dxangel]

wow - THANK YOU!!!

 

So, the prosecutor told me to send a Tomlin/consent order to the court, as they are cheaper than an N244 - i am wondering why he didnt tell me to just get a set-aside and not chase the case for re-opening? I just want to do the right/quickest thing to get the CCJ removed but i dont want to pay £75 for the set-aside and £40 for the tomlin order - i was hoping the tomlin order would be able to both set-aside and remove the CCJ?

 

 

The CCJ was added 01/2006 so it still has 1 year and a half to run and i an expecting to apply for a mortgage in the next 3 months. to be honest i would rather just pay the money ( even though ive paid once! ) to get the CCJ taken off, and not bother with redress/etc as i have been able to obtain good credit in the past, but since the downturn, lending is harder/less.

[buzby]

Tomlin is alien up here (it is only a process available in English Courts). However try as I might, I cannot see how it helps you, as it will not remove the pre-existing CCJ. Only a set-aside has the mechanism to do this. Incidentally, have yo checked your credit file? They don't always show up, so you may be worrying needlessly.

 

Here's some additional reading on the matter of Tomlin: Tomlin: a guide to use and abuse | The Law Gazette

[dxangel]

Its also known as a consent order - as far as i can tell, it just 'stays' the judgement ( what is staying it anyway?) under the terms ( i pay and dont claim for costs, the dvla agree for CCJ to be removed ) and nothing more comes of it. its not a court order as such but more of an agreement between parties.

 

I just called the DVLA prosecutor again to clarify - he said the following

1. the ccj can be deregistered/deleted/set aside in a tomlin order as long as it is in the terms of a tomlin order

2. i draft the order, pay the fine, and send to dvla, dvla then sign it and send it back to me, i then send to the court, the court then 'make the terms so' and remove my ccj.

 

sound right to you? im still rather worried, Yes ive checked my credit file - its on equifax, but not on creditexpert which is why i have missed it for so long!

[buzby]

'Staying' means no further action can be taken on the matter - but in your case, the damage has already been done. As they suggest, Tomlin will have to explicitly require the removal of the CCJ but I don;t have enough experience in English Law to advise on the suitability of this course of action over another. The process sounds reasonable, but if in your shoes, I'd certainly document seperately would dealings with the DVLA and their suggestions, so if something goes wrong, you can identify where and point the finger if need be!

[dxangel]

well i have the name of the prosecutor at sidcup enforcement and copies/names of the people ive faxed at bournemouth, so ill go ahead and give this a try i guess!

[buzby]

Absolutely - keep us updated, as this will be interesting for others caught in a similar situation.

[dxangel]

indeed! i definitely will do.

[dxangel]

how does this look?

 

UPON THE APPLICATION OF THE PARTIES

 

1. $MYNAME $MYADDRESS $MYOLDADDRESS
    
    
   
2. DVLA Sidcup Enforcement Centre, $THEIRADDRESS
    
    
   BY CONSENT
   IT IS ORDER THAT
    
   1. The proceedings herein be stayed on the terms set out in the Schedule, save for the implementation of those terms, for which purpose there be liberty to apply.
   2. $MYNAME to pay the sum of £100 pounds to DVLA Sidcup Enforcement centre within 7 days of this Order
   

 

3. the CCJ held for $MYNAME under claim number $CLAIMNUMBER be removed/deleted/deregisterd from credit file by the court within 14 days of this order
4. No costs shall be awarded to either party and both parties agree not to pursue costs against the other.

signed claimant

signed defendant

[buzby]

Courts do not deal with credit files. The CCJ needs to be 'deleted' from the public record, which is maintained by Registry Trust Ltd (who then sell on the data to the CRAs). Perhaps someone with more hands-on knowledhe of the E&W system can advise how best to ensure this is processed correctly (and RT advised to update their records).

[dxangel]

well CAB dont know anything about it and a solicitor wants £100 just to look at it!

[buzby]

CAB doesn't surprise me, but a solicitor...? You;re normally able to get your first consultation for free (15 minutes).

[dxangel]

nope... and im willing to pay the fine, but i cant waste hundreds ( i dont have ) on this.. i desperate for help....

[Somecamel]

Nothing happened since? Similar situation....

[Conniff]

If you paid it by cheque, then why not show them that payment and have it all booted out.