Unknown CCJ -DHL £177 'customs fees' **SET ASIDE**

[jaisunny]

One last thing, do i still apply for the set aside with the £80 fee? or the method im about to attempt would it on incur a £45 fee? because in the letter i have produced i have noted that if they would consider to accept the order to be set aside and that i would be paying all fees for this. Just need to make sure i word this correctly without looking like i am 10 year old.

[Mike_hawk]

App on notice (without consent) is £80.00, App without notice (with consent) is £45.00

 

Try consent first but if it won't agree and you believe you have a case don't delay too long in deciding whether to try the £80.00 option.

[jaisunny]

That makes sense now, Thank you for your input i shall keep this thread updated as and when.

[jaisunny]

Just to update i've received diddly squat back from DHL now and its been 6 weeks. I think its fair to say i will not get a response from them.

 

Ironically you'll never guess what happened 2 weeks ago, We had a delivery from DHL and my unsuspecting partner gave cash to the driver. He did not sign the document that was supposed to be signed and my partner being dozy at the best of times did not notice.

 

Looks like another CCJ on the cards again in the next 1 or 2 years time from now.

 

ARGH!

[AndyOrch]

Thread moved to the correct forum.

 

Regards

 

Andy

[BRIGADIER2JCS]

If you are "suggesting" that the DHL drivers are "misappropriating " cash payments you should take this up via formal compliant to DHL. You will need to gather evidence of course before making any such allegation.

[jaisunny]

Hi guys,

 

Right, so i have contacted DHL twice now on the address which was stamped on the original court papers/claim forms. Absolutely no response what so ever.

 

I would like some help if possible, could anyone recommend an alternative DHL representative to contact regarding this? and finally could anyone knowledgeable on this matter take a quick look at the letter i sent DHL to tell me if its adequate or not?

 

Many thanks

[*RainbowTears*]

As DHL aren't communicating with you, then it's highly unlikely they will agree to having the CCJ removed. If that's the case then I would proceed ahead with the **Setting aside procedure.

**Added to say; Don't leave it too much longer to action this!

I've done this twice now & was successful on both occasions.

You do have to pay the £80 fee (I believe if your on benefits/low income it could be cheaper) at the time you submit your setting aside application. (SA)

What will happen next is; You will be given a date to appear before the Judge, it's really informal (no where as bad as I'd originally feared) & you give your reasons & proof for why your requesting a SA.

The opposing claimant (in your case DHL) if they show up will also have a chance to speak. (On both my SA the opposing claimant argued against my getting it!) Then the Judge can ask you to leave for a short time, whilst they peruse all the information etc.

Approx within 30 mins you get called back in & the Judge gives his determination. With having won both of our SA, what happens then is the CCJ is removed & you revert back to how you stood before you got the CCJ.

"But this also means the opposing claimant can re-issue Court proceedings against you for whatever debt is owed" Make sure you defend it thoroughly as you could end up with another CCJ if you do not defend it/act in a timely manner.

I would advise anyone who succeeds in getting a SA, that once you get the Courts Certificate of Satisfaction/Cancellation, that you ring the Ministry Of Justice (allow 28 days min) & confirm with them the CCJ has been removed. And to also send copies of the Certificate to Equifax, Experian & Call Credit as they update once a month "supposedly"!

As one of our CCJs was still showing on Call Credit over 6 months after winning the SA. It was a pain  having to chase this up & get it removed.

Good luck & I hope this helps.

[jaisunny]

@*RainbowTears*That is great information, thanks for the reply. may i please PM you to ask you a question?

[*RainbowTears*]

I'm sorry jaisunny we do have to keep everything discussed on here, in the forum. The PM is mostly for sensitive information &/or disclosures that can't be mentioned in public as required by Site Admin.

 

So to keep to the Site rules, I'm pasting a copy of your PM here on your thread for continuity.

 

My response is below;

 

 

Hello there,

 

Thank you for your reply to me thread, the CCJ is really effecting me and i really want to go ahead with the SA. I wondered what your reasons were to SA? its been nearly 1 year now since i got the CCJ and i will be honest, i plan to if successful to get SA to pay it right away so no more CCJ. Below is the letter i have sent to DHL and wondered if the grounds i noted would be good enough for a success in SA.

 

#################

Dear whom it may concern,

 

It has been brought to my attention recently that I have a court order raised against myself for unpaid customs and duty charges which mount to £107.25 and £11.03 (please find attached). Please accept my sincere apologies for any non-payment, at the time of the unpaid duties back in 2011 I had actually contacted HMRC and submitted form C285 for customs relief on the grounds that the duties should not have been applicable due to the goods being non value samples, unable to resale on. The value of the samples were incorrectly recorded by our suppliers. Unfortunately I did not hear back from HMRC and with it then at the back of my mind I did not remember to follow it up. That part admittedly my fault.

Unfortunately I have noticed that in July 2013 a court order was issued, I was unable to attend court nor had the court forms come to my attention within the time frame allocated to reply. I was too late and staying away due to ill health, which is still present till this day.

My reasoning in sending this letter today is to ask you if you would kindly accept that we both could get this matter at court set aside, I will pay all the associated fees with the set-aside and immediately pay the monies owed to DHL INTERNATIONAL via your preferred method of payment and to whom. All I would require from yourselves is consent / acceptance of this so I can proceed with the set aside.

 

Please check my accounts history via my old address and new address (above) you will see that I have always paid upfront or to the DHL delivery driver on time, in advance and promptly up to this day apart from those 2 outstanding. I have had many deliveries from DHL which is the carrier I choose my suppliers to ship goods to myself. I hope that as its such a small amount that we can resolve this matter fairly quickly, Appreciate your time.

######################### #######

 

Of course the court will want good reasons for the SA, i want to be ready and clear my name.

 

One last question, when you paid the £80 fee did you pay when you submitted the SA form? or later in court? is it refundable if they do not accept the SA?

 

Many thanks

 

-------------------------------------------

 

Hi jaisunny,

 

My reasons for my 1st SA were due to the fact the Court papers were sent to a previous address we hadn't lived at for a year or more. The SA was granted & the Court proceedings were not reissued.

 

As for the 2nd SA, reason was due to being illegally evicted (Our LL changed the locks in the last 2 weeks of our Tenancy & with held our property) & tried suing us for ridiculous reasons!

 

Also the LL sent the Court documents to this address! How we were supposed to know about them after he changed the locks I don't know!! This SA was also granted & we countersued the LL & we won against him.

 

As for your other questions; You pay the £80 fee when you submit your N244 (setting aside application) to the Court.

 

Lastly as for your grounds for an SA. I can't give you a reason as I do not know all the ins & outs with your DHL dispute.

 

The Court will want clear cut reasons & proof of them reasons as well as a defence!

 

I.E in my 1st SA I proved to the Judge that I hadn't lived at the named address for at least a year before Court proceedings were brought against me, So i wouldn't of been able to defend it.

 

This site below has an up to date fact sheet regarding "How to set aside a judgement"

 

http://www.nationaldebtline.org

[Ganymede]

FYI the fee increased in April so check before sending your Application.

 

I believe it's now £155.00, not £80.00.

[*RainbowTears*]

Thank you Ganymede.

Blimey that's nearly an 100% increase!!

OUCH!