Unknown Parking Eye CCJ to old address - help

[barrwad909]

Hi all I have a court judgement on my credit file but it's listed at an address that I haven't lived at for over a year. How do I find out what it is for??? Or who to pay etc etc

[dx100uk]

you really shouldn't change address without writing in some form..even if its a cca request to each owner of your listed debts

else as you've found they'll go for a backdoor ccj.

 

 

you've the ccj number

give northants bulk a ring Monday and ask for a copy of the ccj.

then go from there.

[barrwad909]

Hi dx, the thing is I don't have any debts that have been actively chasing me, I literally have no idea what it could be.

It is listed on my file as 3rd April so will there be anything I can do about it?

 

Or more importantly is there anything that will happen with it, I've read somewhere that you have 14 days to deal with it after judgement.

[dx100uk]

As my post already

 

If you move and didn't have mail redirect

Then your details could have been used by a fraudster etc

Or the next person to move in

 

Dx

[barrwad909]

Hi dx,

 

the judgement is from parking eye for parking tickets,

I guess it's a case of pay it,

 

 

but the thing that irks me is that they were writing to me at my current address yet they've taken me to court at a previous address.

 

Not exactly fair really no chance to defend it.

[dx100uk]

hey great we got there.

moved to the private parking forum and re titled.

 

so I gather you didn't update DVLA then...oppss...

[barrwad909]

That's just it, I did.

These related to 2014 and 15.

I moved in Feb 2016 and they were writing to me at my new address.

I just think it's odd to do what they've done!

[ericsbrother]

they do this on purpose, an abuse of process to get the CCJ.

 

You can challenge it by paying to have the matter set aside and if it is found they knew your new address and issued a summons to the old one they will pick up the bill for their troubles.

 

Speak to the issuing court first,

you may not have to pay the set aside fee as they have knowingly acted in bad faith.

[barrwad909]

I did speak to the court to get he details and they said in order to do anything other than pay it in would have to pay you 255 quid.

 

The judgement is for 350 so seems like quite a risk to take if it doesn't get set aside?

[ericsbrother]

no, it isnt a risk really as they have abused the process so that part is easy.

 

At the moment you have a massive blot on your credit file that will stay there for 6 years.

If you lose the PE claim on the rematch you then pay the money ordered and you don't get a CCJ.

 

If you never want to buy anything on credit or get a mortgage then you can sit it out

but if you want a loan, new mobile phone, move house, open a B&Q clubcard account or any of the myriad of things that has people searching your credit files

then you can just pay the £350 to PE and have done with it.

[barrwad909]

Hi so I pay the 255 and ask for the judgement to be set aside?

 

On the basis that I never received the claim?

[dx100uk]

You need to prove they knew your new address

And a defence for the tickets issued

 

And that would be?

[barrwad909]

Guess I'm paying them then......I don't mind having to actually pay them, I was negotiating payment with them, then they stopped replying.

And then they go and get a CCJ at an old address. That's the bit I think is out of order.

[ericsbrother]

the amount claimed will include legal costs they never incurred because they slap this on automatically.

 

As you were negotiating with them this suggests that you have admitted that you were either contractually obliged to pay or that you admitted breaching the contract offered.

 

ultimately this will destroy most defences you can offer except where they were breaking the law so no contract could be lawfully entered into.

 

Lack of Planning Permission is the usual reason for this,

read up on it before deciding what you want to do

 

but make a decision quickly or they will employ a bailiff to collect the money and that will add another £70+ to the bill already due

[dx100uk]

Court bailiff so don't worry and of course no right of entry or anything

Simply ignore them

[barrwad909]

Hi all

 

I had a ccj taken out and judgement awarded in default as I they used a prior address.

 

 

I don't want to challenge the actual ccj but I've offered the owner to clear the balance over 12 months and they want it clearing over 4.

 

I'm about to enter a dmp with stepchange and literally cannot afford the 100 a month they are asking for.

 

They do say at the bottom of the letter I can apply to vary the order for a charge of a 100 quid,

is this correct as the only fee I can find is £50.

 

If I make a realistic offer do they have to accept or can they apply for enforcement?

[dx100uk]

N245 yes vary the judgement order

 

 

ever looked at the original debt to see if you can offset anything by reclaiming.

 

 

who got the CCJ

and what was the debt all about?

[barrwad909]

Hi dx I think you responded to my other post about this, it's parking eye, not challenging the validity just can't afford the repayment they want. Is the charge to vary it 100 quid?

And can they just ignore any offer I make and seek enforcement?

[dx100uk]

please don't make multiple threads on the same issue

threads merged.

 

 

dx

[dx100uk]

eric will pop in soon.

 

 

dx

[barrwad909]

Apologies, thanks dx

[ericsbrother]

I answered this when you posted it elsewhere but my reply has gone

 

Are you claiming benefits?

if so the fees are waived so you may as well go the whole hod and ask for the set aside on the basis of abuse of process. there is a form you have to fill in as well as the N244 or N245 and it will delay things a little.

 

 

If you go down this route you may as well tell PE that you have applied for the set aside as they deliberately sent out the court papers to the wrong address and you will seek a recovery of costs as well as the set aside fee for their abuse of the Civil Procedure.

 

 

Once they see that they are going to lose more than they gain I'm sure that they will agree to a suitable settlement.

 

 

Make sure that the £50 solicitors costs are knocked off the bill as they didnt spend the money as it was a default judgement.

 

 

 

 

 

Hi all

 

I had a ccj taken out and judgement awarded in default as I they used a prior address.

 

I don't want to challenge the actual ccj but I've offered the owner to clear the balance over 12 months and they want it clearing over 4.

 

I'm about to enter a dmp with stepchange and literally cannot afford the 100 a month they are asking for.

 

They do say at the bottom of the letter I can apply to vary the order for a charge of a 100 quid,

is this correct as the only fee I can find is £50.

 

If I make a realistic offer do they have to accept or can they apply for enforcement?

[barrwad909]

Hi ericsbrother

I'm not claiming benefits

I just cannot afford the payment they are asking for.

 

 

I've told them I didn't receive the court papers,

and offered to clear the balance over 12 months,

 

 

they haven't sent me any paperwork just a very curt email stating they want paying over 4 months and if I want to vary the order the cost will be £100.

 

I'm going with stepchange into a DMP

I appreciate that this is my fault and have offered a realistic payment based on my circumstances but they want what they want and that's that.

 

Seems ridiculous to offer a payment based on situation and have it rejected only to be told that to ask the court to vary it will cost that money which could go to them to clear it off.

 

Are there any template letters I could use?

[ericsbrother]

remission of fees also applies to low incomes

get the from and see if your income is low enough to be applicable.

 

I wouldnt be so accepting of my fate over this,

take hold of the matter rather than playing the victim card.

 

You have a good chance of getting them to discontinue after you get the set aside

as their costs will be more than the value of the claim.

 

More importantly you dont get a great big blot on your credit record.

All of this means pulling your finger out though,

 

be proactive rather than passive.

[dx100uk]

EX160 etc

in the legal section of the library

 

hope you 've sent CCA request s to all the other people you are paying via stepchange??