Backdoor CCJ - Excel - Broken machine - SA1 car park, Swansea

[Turtleton]

I just tried to ring up with the phone number that was at the bottom of the email. The debt and litigation team are now working from home and the operator said that I would need to email back the original sender and ask for a direct number, which I have now done. He mentioned that he would be unable to take any sort of payment on that number. Hopefully I receive a reply with a direct number soon. 

[BankFodder]

Yes – no doubt of it – but still get the set-aside sorted out as quickly as possible. Apart from anything else, I understand that you are working hard in the virus industry the moment so the fewer distractions the better. It's essential that you recover your credit rating.

[dx100uk]

have you got it in writing that they agree the machine was faulty and give you the error code to put on you windscreen?

 

[Turtleton]

Not in writing, but I have the time and date that a phone call was made to the operator. 

They've never admitted themselves that the machine was broken. 

 

I've just received the bank details at to where to send the 155 pounds to. I will do this now. 

Edited March 31, 2020 by Turtleton

[BankFodder]

This is what the SAR is meant to show. I think you have enough information to show the court that what you are saying is probably what actually happened – and that satisfies the standard of proof in a civil case.

 

[dx100uk]

don't like this arrangement.

it stinks.

 

who's paying for the N244 set aside fee?

 

 

[AndyOrch]

There is no N244 fee if the set a side is by Consent...the court fee is £100 for the Consent Order to be sealed.

Who pays is normally the party that benefits or the party that made the error.

[brassnecked]

Looks like VCS want their cake and eat it with the £155 they want paid as a condition.  They are not entitled to a bean and Simple Simon knows that, but first instance is to get the CCJ off the Credit record.  It hinges on proof of admission of faulty machine.

[BankFodder]

I agreed that it's not a good deal but it reduces the problem to a single issue

[dx100uk]

so simon makes £55 and is saying theres no guarantee it will be removed...stuff that..

[BankFodder]

The alternative is to sue in contract – with a risk of losing – although very marginal – and then afterwards still have to sort out the problem of the judgement.

 

 

[FTMDave]

Can the OP not apply to a court for a set aside himself, not giving a penny to Simon?

 

Once the set aside is granted, he can give Simon both barrels.

[BankFodder]

Yes they can – but by consent will be much quicker. Also cheaper. Not only that, the money will be earning 8% if it is claimed back

[Turtleton]

I've just received consent orders from Excel via email which they have signed. I've signed my side and sent them back to Excel. They also mentioned I needed to file them with the court, how do I go about this?

 

I did have to pay 155 pounds but having it removed as soon as possible swayed me.

[dx100uk]

just shows they haven't got a clue what they are doing..or have just had you blind..

its for them to inform the court via the correct form and by paying the £100 to register the consent order.

 

IMHO you'll be in the same position in weeks to come with the CCJ still showing but £155 lighter....

[AndyOrch]

Can you possibly scan redact and upload a copy of the Consent /Tomlin Order and schedule so we can check the wording ?

 

Andy

[Turtleton]

Consent%20form%205.pdf

[brassnecked]

Yup Simple Simon gets what he sued for.

[AndyOrch]

Erm.....so really have you paid the judgment or have you paid the Consent fee and drafting of the Order ?

 

The reason that they state the set a side is at the discretion of the court is because some judges regard this process as credit cleansing....removing a judgment after full payment after the allotted time period..

 

How much was the initial default judgment for ?

 

Andy

[Turtleton]

There are a few figures floating around. 

The unresolved debt is 155 pounds. 

ELMS Legal added on their fees of 90 pounds and were initially increased to 245 pounds. 

 

I just phoned Northampton County Court and I need to pay them 100 pounds (presumably these are the legal fees that Excel mentioned in the letter) for it to be put before a judge. 

Edited March 31, 2020 by Turtleton

[dx100uk]

pers i'd go do a chargeback with your bank as I expect you used a debit card.

 

tear up that order its just a money making exercise 

that paralegal is either useless or knew exactly what he was doing when he wrote that.

it will NOT get the CCJ removed as you can't dismiss a claim once judgement has been ordered and the defendant has paid the judgement sum.

 

naughty naughty.

 

p'haps I should have made the very important bit FOC in big red letters in my post on last wedsnesday 

 

now the cheap way out of this is to go RING excel and tell them if they don't set aside the CCJ by mutual consent FOC to you immediately you WILL be issuing an N244 set aside and also suing them for the £255 and loss of earning (by the way I work for the NHS covid-19 implications etc etc ) by me having to take time away from work to waste my time on this phone call and my time raising the N244, posting and time to prepare for court, at a rough guess this already runs into several £100's

[Turtleton]

Yes, I used a debit card.

 

So, even though I paid the money, and both parties have signed. I won't have the CCJ revoked.

 

The court said I needed to put in a cover letter as to why the CCJ should be removed. 

 

I definitely do not want this CCJ lingering around. 

Edited March 31, 2020 by Turtleton

[AndyOrch]

20 hours ago, Turtleton said:

There are a few figures floating around. 

The unresolved debt is 155 pounds. 

ELMS Legal added on their fees of 90 pounds and were initially increased to 245 pounds. 

 

I just phoned Northampton County Court and I need to pay them 100 pounds (presumably these are the legal fees that Excel mentioned in the letter) for it to be put before a judge. 

 

 

That is why they are responsible for submitting the Consent Order...you have paid them the fee already....or have you paid the judgment ?

[Turtleton]

I'm very confused by all of this. 

 

Where exactly do I stand at the moment?

 

Do I need to submit a N244 instead?

Edited March 31, 2020 by Turtleton

[AndyOrch]

At the moment..your stuck with a consent order that does not guarantee a set a side...that you must pay a fee to submit..£100...and the claimant is £155 better off.