Civil Enforcement Limited, County Court Business Centre Options

[Miffed2907]

I have read through many threads on this site relating to Civil Enforcement Limited but cannot find anything relating to my specific issue.

My son received a 'Judgement for Claimant (in default)' form from the County Court Business Centre dated 13 July. It states my Son has not replied to the claim form and we owe them £346.71. We have not received a claim form. I have called Civil
Enforcement Limited and left a message but they have not responded.

I have spoken to the Court and they advise I have to respond by 13 August.

What should I do?

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[ostell]

Did your son just ignore letters from the court thinking they were part of the CE scam? If so it will be difficult to overturn the judgement. If he did not receive the forms then he will have to apply for a set aside and has only a limited time to apply.

Let us have the full story then we can help.

The court are probably referring to the fact that the amount must be paid within 1 month if a CCJ is not to be recorded against your son.

[Jlc]

If there's a default judgment then he'll have to apply to have it set aside - it costs £255.

You will have to convince the court that there's a valid reason why the claim was not defended (not received) and that there's a reasonable prospect of success (a defence essentially).

Alternatively, the debt can be satisfied and should be done within 1 month to prevent major credit issues. Otherwise, an unsatisfied CCJ will be entered on the register and will give 6 years of grief.

I have called Civil Enforcement Limited and left a message but they have not responded.

They won't respond. If a set aside is sought it will have to be the full charge contested process. (It's sometime possible to get the parking company to agree to a set aside under the agreement the charge will be paid - this can be useful for repairing credit records)

But he needs to act fast.

This post has been edited by Jlc: Thu, 27 Jul 2017 - 14:17

[Gan]

CEL won't respond

As already stated, the options are to pay the claim within a month of the judgment or pay £255 to have it set aside

Some background would be useful

[nosferatu1001]

The background is best from your son posting directly. He needs to take charge as it's his credit that will be ruined if he ignores this any further.

Do NOT reveal the identity of the driver. CEL fail to follow a law called pofa2012 so only the drive is liable. They don't yet know who drove.

Never ever ever call a ppc.

[emanresu]

You need to fill this form (https://formfinder.hmctsformfinder.justice....uk/n244-eng.pdf) which has a filing fee of £255.

Then there needs to be an explanation of a) why the original claim was not replied to e.g. sent to an old address and b) an outline of no more than an A4 as to why there is the prospect of the original claim being defended.

When this comes in front of a judge (you are paying the £255 for that), the judge will want to know why they should be giving more court time over to the case. Most will allow a set aside but some will not as this OP found out (http://forums.pepipoo.com/index.php?showtopic=112666)

[Gan]

an outline of no more than an A4 as to why there is the prospect of the original claim being defended.

Thanks for that timely information

I've got to write two set asides today and would otherwise have included the usual five page defences

[panther12]

There's usually a few letters and a letter before action sent before the start of court, so if you haven't received anything including the actual claim form issued by the court, assuming the address details are correct and you don't normally have any problems with the post, you will need to sit down with your son to try and establish why that can be the case because not receiving the claim form won't be enough in itself to set aside without any meaningful defence to the claim with prospects of sucess. If your son has buried his head and ignored all letters and the court claim I'd say your best option will be to pay it within the month to avoid his credit report ruined for 6 years.

[Jlc]

If your son has buried his head and ignored all letters and the court claim I'd say your best option will be to pay it within the month to avoid his credit report ruined for 6 years.

It would stick in the craw but sadly true. The £346 is frankly ridiculous (and a key plank of the defence) but you see how it works - very profitable.

This post has been edited by Jlc: Fri, 28 Jul 2017 - 10:49