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    • 2nd class stamp only , get free proof of posting from any PO counter dx  
    • Hi,  It has been a long time but I have had confirmation claim will proceed to hearing in roughly 1 months time.  I was wondering if anyone could advise on defence please.  A few questions I have are: 1) I didn't notify VCS that I was not the driver of the vehicle and the judge may look negatively on this point.  I did not receive any direction in correspondence from VCS  that I should inform them if I was not the driver and that was going to be the foundation for may argument on this point. 2) The vehicle is stopped at a zebra crossing.  Based on the images from VCS for around 10 seconds.  At that time there is someone standing near the zebra crossing and someone else enters my vehicle.  I was going to raise the point that stopping at a zebra crossing when someone is standing near it is to be expected.  I was also going to ask the question how you can have a no stopping zone when there are zebra crossings where the driver is required to stop. 3) The no stopping zone is clearly signposted, however, no drop off or pickup is not clearly signposted with one small sign at the zebra crossing, parallel to the road and on the passengers side.  I was going to challenge that no-drop off or pickup is clearly signposted.  4) VCS mentioned my initial defence was generic and clearly copied from the internet.  It covered 1) Claimant not being in a position to state if the Defendant was the driver at the time.  2) No evidence that claimant's contract with landowner supersedes byelaws & signage isn't legally binding contract. 3) No contractual costs and interest cannot be accrued on speculative charge. I am interested to know if anyone has had success or been unsuccessful with this 'generic' defence. 5) If I should submit an updated defence to the court based on questions 1, 2 & 3.  Or if it is better to only raise these points in court? Thanks.  Any guidance would be appreciated  
    • I honestly don't know, Baz. In addition what I don't  understand (from that pamphlet) is this: The s88 criteria are quite clear and don't need a medical professional to interpret them . The one most relevant to his topic says that an application is not a "qualifying application" if a relevant disability has been declared. The problem with the word "may" is how does the applicant establish whether me "may" driver under s88 when he has not complied with its conditions? I don't know the answer to that either. But to further muddy the waters, the pamphlet says this (about : But the s88 statute says absolutely nothing like that at all. It simply says that if you have declared a relevant disability s88 does not apply. The DVLA pamphlet is simply confusing as far as I can see. That's actually my opinion and that's what I would stick to if it was me making the application. But I'll seek a few opinions from others over the next couple of days.
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CCJ but they no longer administer the debt??


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Hi all, apologies if this is in the wrong place, this is my first post.

Short background info.

 

I borrowed some money on credit cards (small amounts) in my late teens and was paying fine,

i was made redundant and made the smart decision to RUN

 

!Now in mid twenties and looking to sort out my credit file.

 

I have no wish to wriggle out of paying it, i borrowed the money and am happy to pay it back (now i can afford it!)

 

I found 2 CCJs against me (unknown to me as i have moved many times in rented accomadation),

one of which i have now paid,

this was easy to sort as it was only put on recently (unfortunatly over 30 days though!)

 

The other is quite a bit older.

I contaced the company who put it on, B.Carter,

they claimed that the debt had been retracted by the original lender,

so i followed the trail back to the credit card comp who advised as B.Carter put on the CCJ

i would need to sort with them and they would have to send it back to them.

 

After 3 further phone calls to both parties, nobody seems to want my money!

 

Any ideas on how i should proceed?

I want to at least get this settled on my file asap!

 

Thanks in advance for your help!

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Mr Carter is a well known solicitor for rent, if he has got this CCJ against an address you had moved from then you could apply to have it set asite, he does not like having to deal with a paper trail so write to him for information about it.

 

Stay off the phone to people, you will be given the run around and be given misleading information and could accidentally acknowledge something you might not actually owe.

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if you didn't know about these CCJ's you really should get them set aside

rather than paying them

 

paying willl hold them on your file for a further 6yrs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if you didn't know about these CCJ's you really should get them set aside

rather than paying them

 

paying willl hold them on your file for a further 6yrs

 

dx

 

Thanks for your help.

 

I had looked into that but didnt feel I had a good enough reason to get it done?

It was sent to an old address that I only stayed at for a few months.

I dont actually remember giving it to them to be honest.

 

I registered my bank there so I could get a proof of ID for moving to my actual address?

 

If it was possible and then I paid the debt would that remove it from my credit file??

or f I get it paid and settled is that so terrible??

 

Thanks again.

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well the trouble with paying old CCJ's

that are almost or coming upto 6yrs

is at 6yrs they will fall off.

 

you pay it, it holds it as as settled on your CRA file for 6yrs from payment.

 

now ok a settled CCJ is better than an unsettled one

but it wont go away for an extra 6yrs.

 

whereas the otherway it would go..

 

anyhow.

 

BC specialise in purposefully getting CCJ's by default

by knowingly serving on an address you are not at.

 

perfect excuse for a set aside

i would also guess that the CCJ was a split claim too.

 

just his costs, the debt is still around.

 

so how old is the non paid ccj?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well the trouble with paying old CCJ's

that are almost or coming upto 6yrs

is at 6yrs they will fall off.

 

you pay it, it holds it as as settled on your CRA file for 6yrs from payment.

 

now ok a settled CCJ is better than an unsettled one

but it wont go away for an extra 6yrs.

 

whereas the otherway it would go..

 

anyhow.

 

BC specialise in purposefully getting CCJ's by default

by knowingly serving on an address you are not at.

 

perfect excuse for a set aside

i would also guess that the CCJ was a split claim too.

 

just his costs, the debt is still around.

 

so how old is the non paid ccj?

dx[/quote

 

It was put on in 2010.

 

It does appear to be for the full amount though.

 

What does set aside actually mean?

 

Thanks again!

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If a CCJ is set aside it means the a/c goes back to as it was before the judgment & the creditor would have to reapply to the court. The problem is unless you have a very good reason for having the CCJ set-aside other than not receiving the court papers a judge would be unlikely to allow it. For instance if the amount they claimed was wrong because of unfair charges or PPI.

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