Horizon Parking CCJ

[FORMISTER]

Hi Guys,

 

My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.

 

Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake.

At the same time her work colleague did the same.

 

Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.

 

Both received claims forms and didn't fill them in.

Neither of them have received notification of judgement however.

I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file.

If this is the case, what is the way forward? Set a-side ?

[BankFodder]

I suppose there's no comfort to you but I may as well say it for other people who visit this thread: you've been here since 2010 and the advice here for many years has been not to ignore these letters. And if you hover over the ignore link then it is fully explained as to why.

So it had you not ignored there might be a chance of them not taking this any further because they would then have realised that you were up for a fight. Because it was ignored, they immediately thought that it was an easy kill – and clearly it was exactly that.

You then received claims forms which (sorry) in a fit of wishful thinking someone decided to take the view that they were fake. This is highly unlikely – ever – and is always worth checking up on at least by calling the court office.

There might have been certain defences you could have raised that by and large it is now too late.

I think you will have to suck it up and as you have already suggested, if you pay within 28 days then there will be no CC J recorded against your credit file.

However, I gather that 28 days has passed and therefore the way forward if you really want to have a chance of avoiding the effect of CC J would be to apply for a set-aside and then if you managed to get it, take the opportunity to pay the money. However, you will incur the cost of a set-aside which could be as much as a couple of hundred quid plus the other costs associated with the case which has been bought so far.

Someone else will be a long to give you an idea as to whether there might even be a realistic chance of defending.

[FORMISTER]

Hi Bankfodder,

 

I appreciate you taking the time to reply in length, but had you read my post you would realise that I haven't ignored anything, these are not my claims or CCJ's, neither party is related to me.

 

I first knew about any of this when my best friend called me this morning to tell me his wife and received a CCJ.

Also, I am not responsible of advising them to ignore any of it in the first place, I certainly don't ignore my own.

 

Also as I mentioned the CCJ's were registered 2 months ago, but they haven't received a copy of the judgement so didn't know anything about it.

 

My question was, given that she is perfectly capable of paying the judgement, is the best way forward for her to apply for a set-aside  given that its now outside 28 days

[AndyOrch]

They both ignored the claims form.....they both have a default judgment.The fact that neither received notification of judgment may not be enough to convince a court to set a side.

Anyone could state the same to enable further time allowed to settle the judgment.

 

You need a valid defence to push through the set a side.

 

Regards

 

Andy

[FORMISTER]

Hi Andy, thanks for replying

 

Yep, I know that's a bit thin on the ground, but I can't think of anything else.

 

Its whether a judge would accept that not receiving notice of judgement against them has denied them the opportunity to pay it within the 28 days.

[AndyOrch]

Seems strange that both didn't receive a Notice of Judgment...same Court CCBC Northampton. ?

 

Would be an expensive gamble to try though unless you went without a hearing (£100) and made the application pursuant to :-

 

The court’s general powers of management

3.1

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may –

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

So not exactly a set a side...more of breathing space......if it could be proved that either Notices were not sent out or the Postal services were at fault.

Why not give CCBC a ring and enquire re the Notice of Judgment for claim numbers xxxxxxxx...were they sent out was the problem ?

you never know...best I can offer  FORMISTER.

[dx100uk]

I would suggest that since the speculative invoice was 1st issued they have moved

Horizon would have gained their details then from DVLA for the time of the invoice

and everything was sent there.

 

sadly they've thus done nothing wrong.

 

dx

 

 

 

 

[FORMISTER]

Thanks guys for your input, 

 

Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers.

I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed.

Thanks Again

[ericsbrother]

 a court will set aside the judgement as long as they can produce a defence that has at least a possibility of being successful. The requirement to show a good reason for a set aside disappeared a year ago thanks to a Supreme Court ruling so just ignoring the papers wont damage the chances of a court granting the set aside.

A set aside is done via the form N244 and costs £255

[AndyOrch]

Quote

 The requirement to show a good reason for a set aside disappeared a year ago thanks to a Supreme Court ruling so just ignoring the papers wont damage the chances of a court granting the set aside.

 

 

Could you expand on that EB..what ruling ?

[ericsbrother]

When I objected to a set aside application by a large company who had by them lost 2 court claims by default the judeg at Hastings CC said that their reasoning for failing to respond and hence by challenge to the set aside were irrelevant because of a supreme court decision that made the set aside  automatic as long as there was a defence that had some likely success. I can give you the name of the judge who told me this but didnt get the opportunity to  ask about the SC decision.

apparently purjury in a set aside application is OK as well becasue it will be granted so spurious stuff becomes immaterial

[AndyOrch]

I think your referring to the following.....but that was after trial.

 

https://www.civillitigationbrief.com/2017/12/18/county-court-has-power-to-set-aside-a-judgment-after-trial-if-it-was-obtained-by-fraud/

 

This is a default judgment...claim forms were received and not acted upon......and Notice of Judgment was never received by both parties...so a different matter.

[ericsbrother]

no, not that at all.

I complained that the other litigant had perjured themselves in their set aside application and was told that it wasnt relevant because the courts hands were already tied into granting a set aside.

 

So i reiterate, get the set aside application in and it will be granted as long as you have somehting to say in your defence of the original claim.

Edited July 19, 2019 by ericsbrother

[FORMISTER]

Ok, she phoned the court today and explained that she never received a judgement, the court advised to apply for a set-aside.

 

Is this the best way forward or an application to set-aside or The court’s general powers of management.
 

Just to say, the money isn't the issue and she can pay straight away.

[dx100uk]

if a CCJ sitting there on their credit files is going to cause them harm for 6yrs

the only way is to go for a set aside {£255 fee]

 

 

if the set aside is granted

then atleast even if they lose at a later hearing [as the set aside resits things to the time the claimform was issued]

even if they lose again, paying within 28days will ensure it no longer shows or harms them

just cost double the amount of the original CCJ.

 

 

 

[AndyOrch]

A set a side does not reset the payment dates...its either set a side and proceeds to trial or dismissed and remains on the CCJ Register. 

[FORMISTER]

Ok, so what we are trying to achieve is to allow her to pay within the 28 days that she should of been granted had she received the judgement.  Not receiving the judgement denied her of that right and therefore the CCJ will be on her credit file for 6 years.

She would of paid it, had she received it within the time frame.

[AndyOrch]

And the only way to achieve that is as I have explained at the bottom of post #6

[FORMISTER]

Ok so we will go with the Courts eneral powers of management rather than a set-aside.

`

do you know if this is a particular form?

Thanks Andy 

 

[AndyOrch]

Its still a set a side using the N244 but pursuant to a different rule...but before you attempt to make application you must follow the advice in #6 and find out if Notice of Judgment was sent out ...were there any problems....if the answer to that is no...then pointless using that tact.

 

Quote

" Why not give CCBC a ring and enquire re the Notice of Judgment for claim numbers xxxxxxxx...were they sent out was the problem ? "

 

[AndyOrch]

And there is also a further option .....

 

 

[FORMISTER]

Ok great, so first call the Creditors Solicitors and see if they will agree to a Consent Order to make full payment and remove the CCJ, before trying anything else.

[AndyOrch]

Worth a shot....I cant see Northampton owning up to making a mistake..not unless you can catch them out and admit it 

[FORMISTER]

1 hour ago, Andyorch said:

Worth a shot....I cant see Northampton owning up to making a mistake..not unless you can catch them out and admit it 

No, but the Royal Mail admit to losing 500k letters a year (although its estimated to me much higher).

[AndyOrch]

But it then becomes the PO error not the courts.