County court claim form - DHL - customs fees

[J4g3d]

Hi guys,

 

I received today a county court form for the sum of £122 from DHL.

 

Supposedly for a customs charge i didnt pay 2 years ago.

 

I import items every couple of weeks and i pay up promptly.

 

So im pretty sure DHL have got it wrong,

 

unfortunately when i called them they said unless i can provide a ref number to prove i paid then they cant do anything.

Of course i have not kept any ref numbers.

 

today i received the court form papers,

 

My surname is spelt wrong it has a extra letter in the middle.

 

Prior to this i hadn't received any warnings about the late payment.

I have no agreement with dhl and i have not signed anything to agree to pay anything.

 

Ermm,, so its is there anything i can do about this?

 

obviously i can go to court or sign the document to clear my name.

 

But the thing is DHL do not release the parcels until payment is made

ie...to the driver or to dhl.co.uk/epayments.

 

So im 99% sure i paid these customs fees.

 

So my options are:

 

1.Pay it and forget about it

2.Return the unsigned paperwork and say no mr **** lives here

3. ??

 

Thanks in advance.

[dx100uk]

bank statements?

 

your should be able to view them on-line?

 

you need to ack them claim on the mcol website and defend all

if you think you have paid it.

 

is it DHL as the claimant, or some speculative solicitor/dca?

 

type up the EXACT PoC

or scan it up please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Conniff]

It's not up to you to prove you did, it is up to them to prove you didn't. If they need ref numbers to check if you paid, they must have the ref numbers to see that you didn't pay.

 

Did you have no other communication from them before the court papers ?

 

A bit late now to sar but you are entitled to all they are using in their claim before it gets to court so you can make a defence.

[citizenB]

If you can post up the claim form, suitably redacted and also let us know the date of issue.

 

As advised, you have the right to obtain information that they have mentioned in their claim - by way of CPR, so sight of the claim form or if you are unable to post it up, type out the details of the claim then we can help you ask for this information.

[J4g3d]

Right, I know this has nearly been 2 years now but ive stupidly let this drag on for too long again.

 

I have done some digging and i can verify that i was late paying and still yet to pay for the customs charges in question.

 

 

I actually went 50/50 with a friend to import these items and as i felt i was 50% responsible it dragged on a bit (even though it was all in my actual name!).

 

 

my friend wants nothing to do with the CCJ or amount due as its been a good 5 years and he cannot remember anything from back then.

 

So here i have this CCJ and ideally i want to get it removed and pay the small amount and maybe even more to compensate DHL for raising the court claim

just simply to get rid of the CCJ from my name as its really damaging me, cannot even get a mobile phone contract and im in my 30's.

 

I have sent 3 letters to DHL to the address given by the court.

I have had ZERO response from all 3 letters, completely ignored.

In the letters i asked if they could remove the CCJ as i would like to pay off the debt.

 

As i say i am looking to try and attempt to get this CCJ removed,

could someone please give me a idea what step i should take next?

[dx100uk]

and the date of the judgement was......?

 

 

2 yrs down the line

even paying off the CCJ will not remove it......

 

 

p'haps if you'd acted upon the advise in 2013 and supplied what we asked

you could of had some chance of preventing things going forward.

 

 

now I see little chance of it being removed or resolved.

 

 

dx

[J4g3d]

and the date of the judgement was......?

 

 

2 yrs down the line

even paying off the CCJ will not remove it......

 

 

p'haps if you'd acted upon the advise in 2013 and supplied what we asked

you could of had some chance of preventing things going forward.

 

 

now I see little chance of it being removed or resolved.

 

 

dx

 

The CCJ was slapped onto my credit July 2013.

 

Is there a time limit then for acting upon a CCJ?

[dx100uk]

yep usually 19 days

 

you were advised to defend all

 

did you do that?

 

did you file a defence?

 

did you attend court?

 

or did you ignore it?

 

2yrs is a rather large time period to finally decide that you consider the CCJ 'bad'

 

and want to set it aside

 

plus I cant really see a valid defence even if you did apply to set aside.

 

you might get lucky and get the hearing

and the claimant doesn't turn up

 

but that still doesn't redress the debt.

 

rock and hard place me thinks.......

 

dx

[J4g3d]

I did not file a defence,

I did not attend court,

 

From what i read,

if you pay the debt off the mark still stays on your credit but as settled.

I read most lenders disregard it stating 'settled' and still treat you as high risk.

 

 

I mean i cannot even get a £10 per month phone contract when the CCJ debt is only £122.

I will obviously get refused any loans too,

 

 

if i buy a house and put down a substantial amount for a deposit it wouldn't matter, because my £122 CCJ would stop me doing all that.

 

 

The lenders cannot even look to see what the debt was. ie.. a 50k CCJ is branded the same as a 50p CCJ which is ridiculous.

 

The story of my CCJ is as follows.

 

I purchased items with a friend in my name.

 

My friend took a LONG TIME and still does not recognise the customs charge.

 

The customs charge was actually a mistake, as the items we ordered a lot were non profitable and not for resale but the original sender marked it all the same by accident.

 

I sent letters to HMRC and submitted form C285 to try to reduce the customs charge which was wrongfully marked incorrectly in the first place.

 

I heard diddly squat from them and subsequently completely forgot about it.

 

As time went on, i had a serious medical issue and i was staying away from home. This medical problem resulted in me getting redundant, again i stayed away from home.

 

My post built up and by the time i got to these court papers i only had a couple days to take action.

 

You can say its my fault, everything is my fault but surely there is SOME WAY beyond the 19 days i could explain my situation?

 

The debt is only 50% mine the other 50% is my friends.

 

 

Is that enough to declare to set aside?

 

 

you cannot put a package in 2 persons names when ordering something abroad

so how does one make sure the customs charge can be sent to the 2 people

that purchased the goods if you are not a company or business?

[SabreSheep]

Sadly, as the law stands you have not provided anything that the judge could use to have it set aside, especially after 2 years.

 

To make the CCJ go away that is the only way to do it.

 

Sorry it is not the answer you are looking for

[J4g3d]

Sadly, as the law stands you have not provided anything that the judge could use to have it set aside, especially after 2 years.

 

To make the CCJ go away that is the only way to do it.

 

Sorry it is not the answer you are looking for

 

I heard you could write to the creditor to request them to remove the CCJ?

 

 

i did write to the creditor but had no response. ,

Maybe there is someone within their company that i could write to directly?

 

 

I mean i would be more than happy to pay the outstanding debt a

nd compensate for the cost it would of cost the creditor to submit this to court in the first place.

 

 

The money is not a issue here,

its the principle of me not owing the full debt in the first place.

 

 

But like i say now the CCJ is here its effected me a lot and wrongfully.

 

I cannot see a limit in submitting the set aside on any law associated website? i admit 2 years would be questionable though for them.

[AndyOrch]

" I cannot see a limit in submitting the set aside on any law associated website? "

 

CPR 13.3 (2)

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

Regards

 

Andy

[panther12]

I heard you could write to the creditor to request them to remove the CCJ?

The creditor has no control regarding ccj entries. All a creditor can do is inform the court that it's now settled (if you paid) and it then either gets removed from the register if it was paid within 28 days, or marked as satisfied and stays for 6 years if paid after 28 days.

[dx100uk]

paid off or not

the CCJ is there for 6yrs

[panther12]

Although this may sound harsh I'm actually helping here.

 

 

To cut through the crap,

what's really happened here is that the debt was only for a piddly £122

so you thought sod it they won't bother for such a small amount

- which is true as they haven't bothered to enforce it.

 

 

However you didn't bargain on them obtaining a ccj which automatically follows when you ignore court papers

and now you're whinging cos of the effects this ccj is having.

 

 

You think it's wrong that creditors don't get to see the true value of the ccj but looking at it the other way

, if a creditor sees that you can't even repay a debt for £122 without obtaining a ccj

then what chance have you got repaying a loan of many hundreds/thousands.

 

 

You want this to disappear but have gone about it arse over tit

and by burying your head thinking it was only a small amount

they won't bother was not the way, as you now realise.

 

As previously said the creditor has no control over the ccj register

and writing them begging letters won't change anything as it's beyond their control.

 

 

The only way this could now be removed is via a court order setting aside that original judgment

which, to be frank, without the creditors co-operation will probably be better odds on winning the lottery.

 

The only option I see to have it set aside now is if the claimant will cooperate and give their consent

- although it would still come down to the judge's discretion

but with the claimants consent you stand more of a chance that the judge will simply rubber stamp it.

 

 

You will have to do all the work and prepare the Consent Order for them to sign

- the less work involved for them the more likely they will be helpful.

[SabreSheep]

Also those applications have fees which will not be reclaimable should you be successful or not.

[Ganymede]

Also those applications have fees which will not be reclaimable should you be successful or not.

 

Exactly. The application fee of £155.00 exceeds the debt so it's pointless.

[J4g3d]

Although this may sound harsh I'm actually helping here.

 

To cut through the crap,

what's really happened here is that the debt was only for a piddly £122

so you thought sod it they won't bother for such a small amount

- which is true as they haven't bothered to enforce it.

 

However you didn't bargain on them obtaining a ccj which automatically follows when you ignore court papers

and now you're whinging cos of the effects this ccj is having.

 

You think it's wrong that creditors don't get to see the true value of the ccj but looking at it the other way

, if a creditor sees that you can't even repay a debt for £122 without obtaining a ccj

then what chance have you got repaying a loan of many hundreds/thousands.

 

You want this to disappear but have gone about it arse over tit

and by burying your head thinking it was only a small amount

they won't bother was not the way, as you now realise.

 

As previously said the creditor has no control over the ccj register

and writing them begging letters won't change anything as it's beyond their control.

 

The only way this could now be removed is via a court order setting aside that original judgment

which, to be frank, without the creditors co-operation will probably be better odds on winning the lottery.

 

The only option I see to have it set aside now is if the claimant will cooperate and give their consent

- although it would still come down to the judge's discretion

but with the claimants consent you stand more of a chance that the judge will simply rubber stamp it.

 

You will have to do all the work and prepare the Consent Order for them to sign

- the less work involved for them the more likely they will be helpful.

 

Hi,

You are completely wrong,

as ive already said it wasnt about ignoring it from day 1.

 

 

I submitted A form to HMRC to review the customs charge as it was incorrectly marked wrong on the customs form.

Plus the customs charge is my friends and my debt, not just mine.

 

 

Essentially ive wrongfully been given a CCJ as the customs charge should of been adjusted with the form i sent HMRC which i was ignored!

not to mention it being 50% my debt!.

 

 

And before anyone says its in my name so its my debt,

can you put packages in 2 names??.

Did i mention i was off work ill for months and months?

i was eventually made redundant because of that.

Plus £122 customs fee is tiny compared to other customs fees ive had.

 

 

Ive probably paid 2k in customs fees in the last 5 years and many higher than £122.

NEVER EVER been behind paying any kind of debt by this one.

 

It is nothing about avoiding and ignoring or thinking its a small amount so i can ignore it?!?!

ive had £15 customs fees before and i think less, ive had £260 customs fees before always paid off.

 

If its about ignoring and avoiding how about i get a package shipped in a fake name to my friends address?

how will they trace me now? they cannot.

So if i wanted to avoid the system i would do that.

 

Furthermore i was not sending a sob story letter to the creditor begging them.

I was sending a letter asking them if they'd agree in writing with the set aside (As ive been told would help alot).

[J4g3d]

Exactly. The application fee of £155.00 exceeds the debt so it's pointless.

 

Well, what kind of system is this? this surely puts people off wrongfully given a CCJ getting it set aside if the debt was under £150.

 

A CCJ is a CCJ whether the debt is 10k or 10p. A future creditor will see you have a CCJ but cannot see its for 10p or 10k but both are as bad as each other. Good system or not? Would you consider lending a friend 10p or 10k? both the same or different to you?

[J4g3d]

Also those applications have fees which will not be reclaimable should you be successful or not.

 

the £155 is ridiculous! the debt in question should fall under a lesser fee form for being only £122. Again i will say it again if my debt was 10p i would still need to pay £155 just to fill in a set aside form, whereas if my debt was 10k its still £155.

 

Looking on google it used to be £80 until not so long ago. Not sure how they justify this fee tag for tiny debts like mine,

 

Do you think the court would see my debt was £122, then see i have paid £155 for the set aside application and then realise i am paying more than the debt amount to request it to be set aside and agree to that after 2 years? of course with a valid reason. Surely a judge would not reject that.

[dx100uk]

you are liable for the full amount even if in joint names

 

 

dx

[Ganymede]

Do you think the court would see my debt was £122, then see i have paid £155 for the set aside application and then realise i am paying more than the debt amount to request it to be set aside and agree to that after 2 years? of course with a valid reason. Surely a judge would not reject that.

 

No.

[panther12]

Hi,

You are completely wrong,

as ive already said it wasnt about ignoring it from day 1.

 

 

I submitted A form to HMRC to review the customs charge as it was incorrectly marked wrong on the customs form.

Plus the customs charge is my friends and my debt, not just mine.

 

 

Essentially ive wrongfully been given a CCJ as the customs charge should of been adjusted with the form i sent HMRC which i was ignored!

not to mention it being 50% my debt!.

 

 

And before anyone says its in my name so its my debt,

can you put packages in 2 names??.

Did i mention i was off work ill for months and months?

i was eventually made redundant because of that.

Plus £122 customs fee is tiny compared to other customs fees ive had.

 

 

Ive probably paid 2k in customs fees in the last 5 years and many higher than £122.

NEVER EVER been behind paying any kind of debt by this one.

 

It is nothing about avoiding and ignoring or thinking its a small amount so i can ignore it?!?!

ive had £15 customs fees before and i think less, ive had £260 customs fees before always paid off.

 

If its about ignoring and avoiding how about i get a package shipped in a fake name to my friends address?

how will they trace me now? they cannot.

So if i wanted to avoid the system i would do that.

 

Furthermore i was not sending a sob story letter to the creditor begging them.

I was sending a letter asking them if they'd agree in writing with the set aside (As ive been told would help alot).

 

Then why did you not incorporate all that to form a defence and submit it to the court when you received the claim form. You haven't wrongfully been given a ccj, you've been given a ccj in default of not replying to the claim form. You had the claim form so would have known the timeframe, which would have given you 33 days if you had acknowledged it. If ill health prevented you from dealing with the claim form at the time then I suppose a set aside with supporting med may have helped - but 2 years on!!

[SabreSheep]

As said above.

 

The CCJ was legitimately awarded as you failed to defend the claim using the procedure laid out in law. Advice was given here and you ignored it.

 

The fee has to exist to deter spurious applications to set aside ccjs without merit.