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Civil Enforcement Ltd, CCJ without any prior contact from Claimant
Harusha
post Sun, 11 Nov 2018 - 15:14
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My grand daughter has recently found out that she has a CCJ against her. She has had no contact from the Claimant or the Court. The address they had been using was wrong.
The owner of the property told her that all the letters that had arrived for her had been put back in the mail

My grandaughter wrote to the court asking for the judgement to be set aside as she had no idea what the allegation was about and she has not had the chance to defend herself against it.

The court replied saying that she could apply to have the judgement set aside but this would cost £250.00 admin fee but she could apply for help with the fees if she is elegible.

The Claimant is alleging that she broke a contract with them when she entered and parked in a certain car park in June 2017.

She knows that she didn't park in this car park and has never received a Parking Charge notice or any other communications from Civil Enforcement or the Court.

What can she do?

Any advice would be gratefully received.
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post Sun, 11 Nov 2018 - 15:14
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peterguk
post Sun, 11 Nov 2018 - 16:02
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QUOTE (Harusha @ Sun, 11 Nov 2018 - 15:14) *
The address they had been using was wrong.


Has she ever lived at that address?


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kommando
post Sun, 11 Nov 2018 - 16:57
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Have a read of this thread, similar issues.

http://forums.pepipoo.com/index.php?showtopic=124004
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Harusha
post Sun, 11 Nov 2018 - 19:36
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peterguk

Yes she had lived at the address but not for at least three years before the alleged parking offence and all letters from CEL were returned to sender
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peterguk
post Sun, 11 Nov 2018 - 19:39
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QUOTE (Harusha @ Sun, 11 Nov 2018 - 19:36) *
all letters from CEL were returned to sender


To be pedantic, unless you returned them or you saw them being returned, you don't know that. That is what you were told by the occupier.

This post has been edited by peterguk: Sun, 11 Nov 2018 - 19:40


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SchoolRunMum
post Sun, 11 Nov 2018 - 21:24
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QUOTE (kommando @ Sun, 11 Nov 2018 - 17:57) *
Have a read of this thread, similar issues.

http://forums.pepipoo.com/index.php?showtopic=124004

Do the same.

We see these all the time, and that thread shows links of how to do this and how to possibly get the £255 back in the end, if she doesn't qualify for free court fees (loads of people do).
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Harusha
post Mon, 12 Nov 2018 - 11:15
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peterguk

I take your point but the fact remains that she never received any communication because it went to the wrong address and she has told the court this. I just want to know how to help her - she is a single parent and cannot afford the amount demanded by the court and is certainlly not going to pay CEL for something they alleged she did without providing evidence or communicating with her.
I will follow up the other suggestions and help her fill in the necessary forms. The whole thing is totally unjust
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nosferatu1001
post Mon, 12 Nov 2018 - 11:41
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Yes, but the point remains

Your Grand Daughter has to make an appliaiton cosing £255 for a setaside, or less if she qualifies for help.
this MUST be done PROMPTLY.

You must also be aware, from reading other CEL CCJ set aside threads, that CEL have a habit of discontinuing claims ewhere this £255 has been paid, as they then (usually) dont have to pya the £255 back.
To avoid this the 6 point draft order MUST be included in the Application. This is where costs are reserved at point 2, but are to be paid if the claimant does... at 3 onwards. Theres on on the front page, right now, so I KNOW you can find it.

There should also be a ONE PAGE OF A4 defence included, as well. Yes, this can be written, regardless of having documents or not. Again, CEL defences exist on this forum from 2018 onwards. Nothing older

Do all of this in the next couple days.
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Harusha
post Mon, 12 Nov 2018 - 15:36
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nosferatu

I intend to help my grand daughter make the application for a set aside and to fill in the form for help with the fees. We will do this at once.

However I have searched the threads and I cannot find any thing that is the same as this case even though you say that you KNOW I can find it - I can't - so you insisting that I can is not helpful.

Also I do not now what you mean by the "6 point draft order". What is this?

No doubt all this is old hat to you but it is not to me and it is way beyond my grand daughter's comprehension.

I assume that you are intending to help people like myself but I really do not find your response user friendly.

I am quite prepared to do the spade work and don't want any one else to do it for me but I need to know where to look - if you don't want to be more specific please tell me and I won't trouble you again.

A shame as I thought that these forums were created to point people in the right direction - not add to the confusion



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nosferatu1001
post Mon, 12 Nov 2018 - 15:52
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6 point draft order - this was on the front page of this forum this morning. I know, because I commented on it. Have you used the search -> advanced search, search by posts feature?

A set aside MUST HAVE
1) A witness statement supporitng why this should be set aside
2) A defence in brief
3) A draft ORder which you want the court to make i.e. to set aside judgement of X date, to reserve costs, and so on.

I'm sorry if my free help isnt sufficient, please, accept a refund in full.
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kommando
post Mon, 12 Nov 2018 - 16:12
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This link is already further up the thread twice and has the Nos 6 point draft.

http://forums.pepipoo.com/index.php?showtopic=124004

It is also still on the front page.
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peterguk
post Mon, 12 Nov 2018 - 16:51
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QUOTE (Harusha @ Mon, 12 Nov 2018 - 15:36) *
A shame as I thought that these forums were created to point people in the right direction - not add to the confusion


All the info. you need is in this thread. Try reading carefully, click on ther links and read those threads carefully too.


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