Backdoor CEL CCJ -

[bowcreek]

I've now received the claim particulars but it doesn't seem to have any details of what and when did I do or what is the whole thing about? How do I get that ?

Concerned of losing time as well...

Also does it surely mean one calendar month I have is from 16th Nov?

There are date from October on this paper as well and not sure what significance they carry to meet for paying within a month clause..

 

Case details.pdf

[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.

[bowcreek]

OK - that's for set-aside route.

How do I get more info if I want to pay this off straightaway?

I need to know details and PCN number to be able to pay if its to do with parking.

[dx100uk]

I wouldn't... Get that set aside moving

[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.

[bowcreek]

BTW I looked closely and the reference number in the letter worked in PCN field to pay it off (https://www.ce-service.co.uk/pay-now.asp)

I have what I'd need to pay it off.

I can completely see your point dear members.

My circumstances are what's making me feel more inclined towards taking a quicker (unreasonable waste of money though I agree) route to pay off now and reach out to court to let them know I've done so.

I hope I'd get some sort of e-mail confirmation when I make the payment though it might not have CEL's reference number on it which court might ask for..

I need to apply for Security vetting for work, apply for citizenship etc. very soon and it might just add to my worries to carry on with those applications with this CCJ on my records...

[dx100uk]

why?

a ccj does not effect citizenship...

[bowcreek]

Again, my apprehension of not going for set-aside is

1. Failing to notify DVLA of change of address for more than a year while being registered keeper of the vehicle.

2. Date of event on claim details I've received from county court is from Feb 2016.

I had moved out of my previous address where CEL might have sent letters etc. in November 2015.

What grounds do I have if judge asks me why did I have car registered at an address from where I had moved out 3 months back, which caused CEL to send all letters to the address DVLA holds for me.

Most likely CEL would also know in cases where they win by default is because vehicle was registered at old address and that is a backdoor for them to exploit about negligence of registered keeper of the vehicle.

Probably someone from CEL would be looking at this thread and preparing ...

[dx100uk]

bowcreek said:

Again, my apprehension of not going for set-aside is

 

1. Failing to notify DVLA of change of address for more than a year while being registered keeper of the vehicle. - so what that's for the DVLA to deal with IF they want too.

2. Date of event on claim details I've received from county court is from Feb 2016.

I had moved out of my previous address where CEL might have sent letters etc. in November 2015. - so what

What grounds do I have if judge asks me why did I have car registered at an address from where I had moved out 3 months back, which caused CEL to send all letters to the address DVLA holds for me. - nothing to do with your case

Most likely CEL would also know in cases where they win by default is because vehicle was registered at old address and that is a backdoor for them to exploit about negligence of registered keeper of the vehicle. - same as any DCA does with civil debt. - purposeful exploitation of the court system.

Probably someone from CEL would be looking at this thread and preparing ...

- to LOSE

as EB has explained, they don't and wont appear in court

go read the other CEL claimform threads here.

[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.

 

[Crossplot]

If you have a CCJ, you need to contact the court and have the judgement "set aside" This will then make the court send information to the plantiff and a date for a hearing will be issued.

You will then be able to have your 15 mins to argue why you have a CCJ.

Oh, and be sure you have the right address

I don't think there is a charge for setting aside, don't think I paid anything when I had to do it, but its the only way of getting anything done.

If of course you can prove that the CCJ should not be there in the first place, you can request to have it removed.

Otherwise, if they refuse and you get stuck with it, its on your credit file for 6 years.

 

Point to note, if you have been at your new place on the electoral role for over 2yrs, then if you have not "associated" your old address with the new address then try and keep them separate! That way the CCJ will remain at the old house.

[dx100uk]

lots of rather bad advice and myths there I'm afraid.

[Oddfellow]

Bowcreek, if you read the whole of your thread again, you will see why most of what Crossplot says is wrong, and what you have to do to defeat CEL in court.

[bowcreek]

Dear members

, I received 3 x CCJs last year to do with Private parking firms but every time i came across them well on time with help of my credit score agency and decided to pay up in full within 1 month of judgement date.

Just checked for any judgements for peace of mind by paying up for a report and report says "Nothing Registered"

Question is - I've been offered a job which needs an external company to carry on pre employment checks and one of the questions on the form is

"Have you ever had civil proceedings taken against you by creditors e.g CCJ or IVA?, if yes please provide details."

What is the right thing to do?

Should I say No based on report I just ran?

Or should I say yes and put a note explaining why did I get it (all comms sent to wrong address and claimant won by default) and that its all paid up in full?

How do these agency check such record?

thanks

[brassnecked]

If all paid up within the 28 dys, no judgment registered, so nothing for them to see.

[renegadeimp]

Just tell them no. Nothing will appear on any record because nothing is entered until 28 days after the CCJ is granted.

[lookinforinfo]

It is a shame you didn't challenge the CCJs rather than just pay them.

However whichever strategy you followed, strictly speaking civil proceedings have been taken against you. I don't know if there is a way to find out whether you have been taken to Court for a debt perhaps by checking Court records at the time of the hearing. The problem is that if you say no and it later transpires that records are found you could be in far more serious trouble than admitting what happened and how you resolved them.

I understand the predicament you are in and the fact that nothing is showing on the CCJ register. However by saying no, which is untrue, you could miss out on this job.

[renegadeimp]

Doesnt matter if proceeding were taken. Nothing is on the register so the CCJ doesnt exist. Payment within 28 days wipes it.

[dx100uk]

Not sure they understand what they are asking..

An iva is not civil proceedings.

 

Type out the question verbatum please

[bowcreek]

I copied and pasted the question from the form as is.

No hearing or anything happened.

All 3 were judgements by default because claims were sent to old address where vehicle was left registered unfortunately.

I figured out each time via my credit file alerts.

[dx100uk]

Pers id say no then

[lookinforinfo]

I appear to be in the minority here. If you are not going to admit it bear in mind a couple of things. Even though you say there was no hearing because you weren't there, each case was heard in Court as they didn't know you weren't going to be there. So there will be a record at that Court with the name of the parking company and your name on that date. Also in the future what would you do if in a position of authority you had to make a decision about an employee who had lied on their application.

 

You could try ringing one of these vetting type on companies and ask if they could trace someone who had paid off a ccj within a month .[You might have to make up some story that your company is looking for that kind of service as financial probity is very important in your profession and is that the sort of service that they could provide].

 

The other question I have is how did you not manage to prevent the second and third tickets from going to Court. A mail redirect would surely have nipped them in the bud.

[Ethel Street]

I appear to be in the minority here. If you are not going to admit it bear in mind a couple of things. Even though you say there was no hearing because you weren't there, each case was heard in Court as they didn't know you weren't going to be there. So there will be a record at that Court with the name of the parking company and your name on that date. Also in the future what would you do if in a position of authority you had to make a decision about an employee who had lied on their application.

 

I'll join you in that minority. The question the employer check asks isn't "Have you ever had a CCJ?" it's "Have you ever had civil proceedings taken against you by creditors?" A CCJ is just an example. So is the answer to the question they actually ask 'Yes' or 'No'?

[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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