2 backdoor CCJ's First Parking/DCB(L) - ISS QUEEN ELIZABETH HOSPITAL BROOK HOUSE

[bluemarineguy]

@dx100ukAh ok. So they could either enforce the debt using sherrifs or the CCJs will sit there on my credit file indefinitely. They now have my new address, necessary to correspond with them.

 

@FTMDaveHi Dave, yes, I made it crystal clear. The cost is too great for me at the moment, I cant afford to set them both aside. It doesnt seem fair that justice is only applicable to the wealthy but thats the system I guess. I am not sure what to do now, they have sent me another letter for the PCN charge £130, the rest is costs.

 

 

 

 

[dx100uk]

where has this idea come from they can use 'sheriffs' ?? what are they?

if you mean HCEO's they can't , the level for that is £600.

and just because DCBL are HCEO's and DCB(L) are are of the same group

doesn't mean they can just 'send their mates round.

stop watching silly TV programs!!

the only "CCJ's" dcbl can ever enforce are mostly those for private landlord evictions on debts above £600.

 

should they wish to use 'bailiffs' they would have to return to court.

of which you'd be advised of. any the judge would have to grant their use.

and it would be county court bailiffs, of which DCBL are not!! anyway

and who are virtually powerless as there is no right of forced entry on any CCJ debt.

 

CCJ's paid or not, paying or not, just like defaults vanish from your file upon their 6th birthday.

 

 

[FTMDave]

Up to you, but I would be sorely tempted to go for a set aside against one of the CCJs (on the basis that if that goes well presumably the solicitors will cave in on the second).

 

In normal times getting a set aside is painless: a single page of A4 to fill in and 15 minutes in front of a judge.  In COVID times it's likely to be easier, 15 minutes on the phone to a judge.

 

The judge will want to know

   (a) why you didn't defend the claim, so get all your proof together that the solicitors messed up and sent the form to an incorrect address, and

   (b) how you intend to defend the claim, which is that you were a contractor and had every right to park there.

 

It will cost £255 but there is a chance the solicitors will be ordered to pay if you lay it on thick about their incompetence.  In any case you could later sue them.

[dx100uk]

a) why you did not receive the initial claim form. 

 

[bluemarineguy]

@dx100uk Regarding the claim form, I assume, it was sent to my old address. The only correspondence they have sent to my new address, has been since I contected them and gave them my address as a result.

I thought they could use bailiffs, as I am also taking P2G to court, and in the details that Moneyclaim sent, it said that if P2G did not pay the CCJ if issued, then I could ask sherrifs to collect it. I assumed it would be the same for anyone awarded a CCJ but thanks for the clarification.

 

@FTMDaveI hadnt thought to contest only one as a test case for the other, that is much more tempting, although unaffordable at the moment. I will think about this option.

[dx100uk]

My a. comment was to indicate the correct 2 criteria required for set aside.

 

As for bailiff use..

A ccj can be enforced by bailiffs

However, there are 2 types and their involvement hedged upon the value of the judgement and/or if the debt was gov't by any financial acts like the consumer credit act.

 

in a nutshell these are

court bailiffs

high court enforcement officers, often called sheriffs

 

The tipping point is £600, as long as the debt was not subject to the consumer credit act, then that raises the bar to £5k.

 

I think you might be mixing and confusing 'labels'

 

 

 

[bluemarineguy]

there is legal criteria for a set aside?

do you think I meet the criteria?

What was the other one?

Thank you.

we are under £600 here,

should be ok as it had nothing to do with consumer credit act? 

[dx100uk]

Go back and read ftmdaves post..

 

A speculative invoice is not say a credit card whereby you signed an  agreement