CCJ set aside by consent- how to go about this?

[worriedpersson]

Hi all,

 

I am a complete mess and in need of your advise pretty please.

 

Two days ago I was rejected for credit and therefore checked my file- A CCJ had been ordered on 24.02.2016! from CEL.

 

I received first correspondence from them on 20.01.2016 relating to a date in May 2013- clearly I had to try and recall that date in question as it was three years previous.

 

I was also cautious of the fact it could be a fraud type letter and didn't act. I then received another on 12.02.2016 stating the charge had gone up to £220 and after pinpointing this was a car parking fine I contacted the restaurant in question to make a complaint.

 

I found out they were currently in dispute with CEL regarding over 15 claims as they were chasing historic fines from 2013 where customers had overstayed two hours, although there was a three hour window.

 

I was in communication with them and CEL via email but did not contact them direct to admit any liability due to the dispute. I did not receive any other letters regarding court dates etc.. from CEL.

 

However, it looks like they went ahead and gave me a judgment without my knowledge- and now it is too late to pay within 28 days as I had no idea it had occurred until this weekend when applying for a loan and being refused credit for the first time ever!

 

I have emailed CEL directly yesterday stating that I have not had the opportunity to dispute/ respond to the court date/ judgment and today their legal team would be in agreement to having it set aside by Consent. I literally do not know what my next step is..

 

Do I still apply for a N244 stating I was unaware AND I potentially have a defence (less than three hours stay as a proven restaurant customer) or is there a different way to do this? Does it go to my local court or Northampton where it was issued?

 

As much as I do not agree with their conduct, I would rather just pay whatever I need to in order to protect my credit file which also impacts my future employment choices as well as having an adverse credit file.

[BazzaS]

Hi all,

 

I am a complete mess and in need of your advise pretty please.

 

Two days ago I was rejected for credit and therefore checked my file- A CCJ had been ordered on 24.02.2016! from CEL.

 

I received first correspondence from them on 20.01.2016 relating to a date in May 2013- clearly I had to try and recall that date in question as it was three years previous.

 

I was also cautious of the fact it could be a fraud type letter and didn't act. I then received another on 12.02.2016 stating the charge had gone up to £220 and after pinpointing this was a car parking fine I contacted the restaurant in question to make a complaint.

 

I found out they were currently in dispute with CEL regarding over 15 claims as they were chasing historic fines from 2013 where customers had overstayed two hours, although there was a three hour window.

 

I was in communication with them and CEL via email but did not contact them direct to admit any liability due to the dispute. I did not receive any other letters regarding court dates etc.. from CEL.

 

However, it looks like they went ahead and gave me a judgment without my knowledge- and now it is too late to pay within 28 days as I had no idea it had occurred until this weekend when applying for a loan and being refused credit for the first time ever!

 

I have emailed CEL directly yesterday stating that I have not had the opportunity to dispute/ respond to the court date/ judgment and today their legal team would be in agreement to having it set aside by Consent. I literally do not know what my next step is..

 

Do I still apply for a N244 stating I was unaware AND I potentially have a defence (less than three hours stay as a proven restaurant customer) or is there a different way to do this? Does it go to my local court or Northampton where it was issued?

 

As much as I do not agree with their conduct, I would rather just pay whatever I need to in order to protect my credit file which also impacts my future employment choices as well as having an adverse credit file.

 

"As much as I do not agree with their conduct, I would rather just pay whatever I need to in order to protect my credit file which also impacts my future employment choices as well as having an adverse credit file."

 

It would have been an option to pay within the 28 days (to prevent the CCJ showing) and then going for the set-aside if the clear credit file is your priority.

After the 28 days paying won't stop the CCJ showing, only change is to show as "satisfied" : so, you'll need to go down the set-aside route.

 

If you defend successfully after the set aside, it will disappear.

If you lose, you can then still pay it within 28 days.

[AndyOrch]

And not forgetting the fee to set a side £255

[Josie8]

You may be entitled to fee remission either in full or part

[obiter dictum]

Remember also to include a copy of the email response from CEL saying they will consent to the set aside application. Me personally i would also pay the CCJ amount as well and also put that in the N244 application but that part is your choice.

 

Six years ago i got a surprise CCJ from DVLA for a penalty for failure to SORN. I only found out after the letter of judgement from the court. The judge asked me if i had paid the CCJ which i had. Along with the DVLA consent in writing not to oppose the application it was set aside and that was the last of the mater.

 

Paying the CCJ prior to the set aside hearing is not necessary but it shows the judge you are serious if you can afford to and does help

[ericsbrother]

As you have the judgement against you you can ask the court for detail of it, namely the claim number and more importantly what address the N1 claim form was sent to.

The £255 fee is for an oral hearing and you get your money back along with all other costs if you succeed and the original claim is then either not reissued or struck out/defeated. CEL have a habit of sending their forms to the wrong address on purpose.

DO NOT CONTACT CEL EVER AGAIN, only deal with the court system. from now on. They will say anything and then try and trick you into agreeing with them on some point and use it out of context