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

[Turtleton]

I see - so do I still continue down this route or just enter a N244 against them?

[brassnecked]

And all you get is a "satisfied" marker on your credit file for the remainder of the 6 years, if judge thinks Credit Cleansing and Simple Simon is happy, he has shafted you and keeps the money.

[Turtleton]

I'm having a complete panic. I don't have a direct number for the paralegal, but I do have a direct email. I'll send out an email now. 

 

Just sent an email to the paralegal

 

I'm hoping that the evidence I do have, works to my favour. That it was not a case of credit cleansing, but a CCJ that was wrongly submitted against myself which goes back to Excel's faulty machine.

Edited March 31, 2020 by Turtleton

[AndyOrch]

Well dont panic as there is very little you can do at the moment.....calm down and try to speak to whoever took payment and ask them to clarify what that payment of £155 was for...and get it in writing.It states quite clearly in the uploads  that the £155 was to clear the judgment....then they would draft a consent to remove the CCJ...have I interpreted that correctly ?

[Turtleton]

Yes, that it was what mentioned on the email.

 

'We would be willing to consent to any Application to have the Judgment set aside subject to you paying the Judgment of £155.00 by 8 April 2020 4pm and each party bears their own costs. 

 

Please let us know as soon as possible if you are agreeable to the above. If so, and once payment is made, we will let you have a signed Consent Order by email for you to sign. Once you have signed the Consent Order, you will need to scan/return a copy to us so that we also have a copy. 

 

You will need to file the signed Consent Order with the Court. Please note that removing the CCJ is purely at the Court's discretion.'

 

 

I have also asked for clarification of what the 155 pounds was for

 

[AndyOrch]

And what date was this judgment and what date should it have been paid by ?

[Turtleton]

The original judgement in default was the 13th Feb so the 30 days would have expired on the 13th March

[AndyOrch]

Thanks....so I wonder what the significance of 8 April 2020 4pm and each party bears their own costs.  is about ?

 

Options...trying to do a charge back on the debit card payment I cant see succeed because its quit clearly stated what the payment was for....and you have interpreted it otherwise.

 

Submit your own N244 set a side...on the grounds that have been discussed ..with costs.....and introduce this payment that you have made inadvertently 

[Turtleton]

Just received this email:

 

 

We have done what was necessary by providing you with a Consent Order.

 

It is your responsibility to file the Consent Order with the Court and we would advise that you liaise with the Court on the correct procedure in doing so.

 

Unfortunately, we will not be covering any of your costs in relation to the matter. You were advised in a previous email that we would be willing to consent to any Application subject to you paying the Judgment amount of £155.00 by the specified date and each party bears their own costs. 

 

Please be advised that it was mutually agreed at Paragraph 3 of the Consent Order that there shall be no order as to costs. 

 

Kind regards.

 

 

So do I continue on with the set aside by mutual consent OR do I file a seperate N244 motion?

[AndyOrch]

And that is correct...you cant argue..they have done what they stated.......but they have not stated that they have mislead you and that the offer they have made is deemed to be credit cleansing by the courts and that the set a side would be very unlikely to be allowed.

 

You have no mutual consent..you never did have it...so you make your own application with fee (unless you qualify for exemption) and it will require a very detailed statement in support with reason and inform the court how you have mislead into believing a consent could be agreed to resolve this matter and that the claimant has taken payment which you made under duress.

[ericsbrother]

they consent to the CCJ being removed as long as you pay them.

You file the N244 and let them go whistle.

[Turtleton]

Hi everyone, 

 

Just a quick update. I put a SAR request in on the 24th March to Excel Parking. Haven't yet received anything back from them. Hopefully will have heard off them by the end of the week, 30 days expires tomorrow and the end of the calendar month expires on Friday. I'm not sure if things are delayed because of the virus. 

 

Thanks 

[BankFodder]

I'm afraid that I've lost the plot on this thread because the last update was quite long ago and also the thread is now running to four pages on a relatively simple matter.

I need to sit back and read through it and then do a summary of the relevant points.

In the meantime, do I recollect that Excel did acknowledge the SAR request?

If they breach the time limit for producing the disclosure then I think that you may have to bring a legal action against them – which will be straightforward – and which will fire a warning shot across their bows although I expect that the letter of claim will move them to comply.

 

[Turtleton]

Yes, Excel did acknowledge the SAR. This was via an automated response as well as a direct response from one of their paralegals around 2 weeks later. 

[BankFodder]

Okay, I suggest that you wait until close of business on Wednesday. Then send them an email reminder that they haven't complied with their statutory duty and if you don't have the disclosure by Monday close of business you will be sending them a letter of claim giving them 14 days. That effectively gives them a further two and a half weeks on top of the statutory deadline to comply. If you don't have the disclosure in your hand then we will help you issue a county court claim immediately for a modest sum, say, £50 so that it is a monetary claim but based on distress caused by their statutory breach. As you are a key worker I would imagine that £50 worth of distress would be seen as very restrained.

Does that sound okay?

[BankFodder]

This thread has been locked and the topic has been restarted

as the issues have now been refined and clarified