Backdoor CEL CCJ -

[ericsbrother]

In essence,

CEL sent you a bill and you didnt pay it.

they went to court after adding on another £200 in spurious charges and won as you didnt respond to the court claim form.

The truth is that if you had known about this you could have easily beaten it as CEL are not very honest in their actions and would have backed out of a court battle because of their antics are well known to judges and actually turning up would mean they probably wouldn't go home again afterwards for a while.

You can apply for a set-aside by filling out an N244 and paying the fee, which is recoverable if the matter is then heard again and you won.

If CEL sent paperwork to the address that was your address at the time you will get the judgement set aside and the matter will be reheard at a future date.

If you had moved before the date of the incident that gave rise to the claim then you are an utter fool and the judge may well decide that it as all of your own making and not grant the set-aside and you have to pay the full amount plus you will be in bother with the DVLA, your insurers etc.

RM forwarding costs £15 for 6 months, money well spent.

[ericsbrother]

1) set aside will remmove CCJ, if credit refernce agnecy fail to remove it in good time you can sue them for any loss that you occur by it being present. This means that if you are turned down for a loan at advantageous rates and have to go with one of these usurious lenders they owe you the difference in interest paid.

[ericsbrother]

then apply for set aside and then ask for strike out under CPR16.4 no basis for claim as particulars dont give any cause for action. This may well not be successful but at least you will make then show why they are claiming from you.

As already said, the CCJ will be scrubbed when you are successful, even if it was 5 years afterwards.

[ericsbrother]

why would you want to pay a bunch of thieves money you dont owe? If you do that the CCJ stays anyway. so you will have just wasted your money.

Go and get the N244 done and you will see off both the CCJ and beat these bandits to get your court fee back and a few quid for your troubles.

[ericsbrother]

Why are you here whinging about something that cannot happen or is beyond your control instead of either taking the advice given and researching it further or just paying up.

All your reasons for not going for a set-aside are just figments of your imagination. It is a civil court, the judge isn't interested in the technical details of your keeper details as long as you can show that you weren't at that address when the court documents were served there you will win part 1.

Part 2 is where you have to fight the claim itself and if CEL cant be arsed to supply the correct information to court they lose anyway, if you can show that they are procedurally wrong they lose again. The worst thing that can happen is that they won and you are left in the same boat as you are now but with the CCJ wiped from your records. Even that is a win because that is why you came here in the first place.

You cannot wipe off the CCJ without going for set-aside so again you cannot make an out of court arrangement, you are months too late for that. Basically you are stuck with it for the next 6 years and that is whether you pay the order or not. This has been explained twice but you think that wishing things were different will somehow miraculously change them to what you want.

If you want help with the parking claim we will be glad to help you but you have to start things off, we cant turn up to court with your cheque book and fill out the form for you. the N244 can be downloaded, as can most court forms.

 

[ericsbrother]

TBH they wont give a toss about a CCJ from a parking co when you moved house,

it is not about whether you can manage your finances or not which is what they are interested in.

 

If you say no then if they search the register will your name appear?

they cant do a search for names of people were sued whose cases were settled becuase no such list exists.

 

Again, what about if you were taken to court and the judge decided the claimant was an out and out rogue,

that wouldnt appear on the list of claim numbers and names so when they ask about this they are saying FOR EXAMPLE as their list isnt exhaustive and certainly isnt accurate when considering the question.

 

People who sue arent always creditors.

You could be sued for damages caused by your dog biting next doors cat

so a CCJ for that wouldnt need to be nentioned even though you hadnt paid the order

 

So whatever you say wont be wrong or right because it isnt a proper question.

Edited September 7, 2018 by dx100uk
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