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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Found backdoor CEL CCJ on Credit report - Shattered !

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Hello fellow members

- Last night looking at my credit report I found that a CCJ has been issued against me on 16th November 2016 from Northampton County Court (Information Source - Registry Trust Ltd) to pay approx. £300.

 

 

This is issued to the address I lived between Aug 2014 and October 2015 as a lodger.

Obviously not living there,

I've not had any letters etc. from court.

The only way I found out about this is last night looking at my credit score.

 

I've never had any credit cards, phone contracts etc. which I took whilst being on that address.

I can not think of anything which could result into a CCJ at all.

 

 

 

How do I find out what is it all about?

And should I try to investigate now and contact court ?

 

 

I really want to do right thing and don't want stupid things like debt collectors coming to our new home we've literally bought.

 

 

Do I have to go to a solicitor?

I'm more concerned of this CCJ being my record and not the money solely.

I've never done or intend to do anything wrong.

 

My credit score has been badly affected and it might also affect my application for British Citizenship I guess which I am soon going to apply ! I couldn't sleep well last night and very stressed. Please can you help?

 

Many thanks

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You need to give us more detail. In particular, who is the claimant?

You should contact the court and asked them for copies of all documentation so that you can start to get to the bottom of it. Start reading up a little bit on County Court procedure – especially getting a set-aside

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Thanks for your response.

The report doesn't tell who the claimant is.

 

Just says Information source

- Registry Trust Limited and Information Type

- Judgement. Date is 16th Nov 2016.

There is a case reference number.

 

I know I shouldn't be but I'm a little scared of getting into hassle of dealing with something I've not done :-(

Ignoring this won't help either I suppose.

 

wouldn't have come to know about this if I wasn't subscribed to Experian though.

 

Should I tell the court my current address etc. if asked?

Will they ask about it?

And should I contact via phone for speediness or keep it written?

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Well you can be certain that if the judgement creditor finds out your new address, then they will come after you. On the other hand, you need to find out all about it in order to deal with it – if you are certain that it is not your debt.

 

Have you actually searched the Registry Trust would you merely have the number from your Experian report? I'm almost certain that if you put the number into the Registry Trust, that you will find out details of the claimant – although it will cost you £10, I think, to get the information. If you are right and it isn't your debt then you can reclaim the £10 from them when you get all the information.


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Sure, I can do that.

But looks like the report doesn't normally give claimant information.

Please see sample from Trustonline.org.uk (Registry Trust Limited).

http://www.trustonline.org.uk/images/Sample_Report.pdf

 

See sample report section on the website says -

Please note, the search results do not contain any details of the claimant.

This information is available, to the defendant, from the relevant county court.

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In that case call the County Court and asked them how to go about getting the information. They may be to give you some basic information over the phone – but you need to organise the sending of the documents to you either by email or in hardcopy. I'm surprised that there is no better information on Experian


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I called up the county court and they didn't give information of claimant due to identity protection reasons on phone.

What they have now given is

 

Solicitor who acted on Claimant's behalf - Civil enforcement limited

Their contact number - 0870 919 5577

and their case reference number.

 

Do you happen to know what do they deal in usually?

Looking at their website it looks like they deal with parking fines etc.

! Should I call them and check and give my address if they demand?

I chose not to give my current address to the court helpdesk and they were fine with it.

 

Should I contact

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car parking charge????


:mad2::-x:jaw::sad:

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So did you have a car at the time that you are living at that address? Do you have a car now and is it the same car? If it is the same car then have you reregistered it at your current address? When did all of that happen?


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Yes I had a car when I lived at that address

and due to my own do-it-later attitude towards changing the address is still registered there :(.

I still have the same car.

 

Having moved to our own house which I hope to be our permanent address of long

 

, co-incidentally I contacted DVLA last Monday to find if there are any penalties etc. on my car's registration number with all intentions to get the address change done asap

they confirmed there was none.

 

Also no points etc. on my license either they said.

 

So I was relieved that thank goodness its all OK and I can peacefully change the address on V5C now.

 

But that doesn't seem to be the case it seems...

 

I don't know where and when they might have issued a parking fine as surely I would have paid and noticed if they stuck it on windscreen.

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The DVLA won't have a record of private parking tickets. Also, by not changing your address, you are inviting some serious issues so far as your insurance policy is concerned. You certainly need to get it sorted quickly.

 

. I suppose that this issue probably refers to some time when you've parked on a supermarket car park or something and either not paid the parking fee or else you've exceeded your time there.


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I realise my stupid mistake and agree I need to get this changed. Been really bad with post office type things but excellent online, though that's no excuse.

 

1. So would you say the first step would be to request address change via DVLA?

 

2. Should I try to seek more info on when and why this was issued before simply agreeing to pay off?

 

 

 

3. I'd really want to get this off the judgement register and also from my credit file. Is that at all possible at this stage? https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating says it can be possible if paid within a month?

 

4. County court helpdesk said there is a fee of £250 to set-aside a judgement. Worth going that route if I failed to change the address for a year !?

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Well I wouldn't normally advise simply paying something like this date off – at least not without a bit of a fight. On the other hand, you are within your 30 days and if you simply want to get rid of it before it is registered onto your credit file for an easy life over the next six years, then that would be the simple solution – even though it may rankle to do it. It even rankles with me to give you this advice.


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Could there be possibility of my failure to get the address on V5C updated highlighted and adversely affect me if I take set aside route? I have a legal action cover with my home insurance, can I try to use that at all in such cases?

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yes the dvla could fine you up to £1000

 

so CEL got a backdoor CCJ because you didn't update your address with the DVLA

 

that's about the only way those private parking jokers ever win.

 

oh one last thing ITS NOT A PARKING FINE

 

thread retitled and moved to private parking forum


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Sorry what did you mean by your last line please?

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last line post 10


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Well I meant originally it must have been some sort of parking fine I take,

but later went to court and became this CCJ.

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Civil Enforcement Ltd are a Private Parking Company and 'manage' car parks on private land - as only a Court or authorised official such as a Traffic Warden can issue fines, this is not a 'fine'. It is (was) a speculative invoice inviting you to pay a charge for a breach of parking regulations or risk a civil court claim for the amount in question.

 

CEL issue a lot of charges for overstays in McDonalds for example

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Well I wouldn't normally advise simply paying something like this date off – at least not without a bit of a fight. On the other hand, you are within your 30 days and if you simply want to get rid of it before it is registered onto your credit file for an easy life over the next six years, then that would be the simple solution – even though it may rankle to do it. It even rankles with me to give you this advice.

 

When you say "before it is registered onto your credit file" - this has appeared on my credit file as that's how I came to know about it. Does it get "registered" after a month you mean when it can't go away unless I win via set-aside route probably?

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correct


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Well I wouldn't normally advise simply paying something like this date off – at least not without a bit of a fight. On the other hand, you are within your 30 days and if you simply want to get rid of it before it is registered onto your credit file for an easy life over the next six years, then that would be the simple solution – even though it may rankle to do it. It even rankles with me to give you this advice.

 

 

Called Northampton County Court Business centre and they are sending the claim details to me via First class post - so hoping to get it by tomorrow.

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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 easlity 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 propbably wouldnt 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.

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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. - Whilst set-aside is in place and even if I win, I take that the judgement will still on be judgement register for 6 years but will show as "satisfied" ? Please can I check this with you?

 

 

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. - I'd know when I receive papers from court. Hoping to receive very soon.

 

 

 

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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.

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