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CCJ issued by Excel at my place of work!, options for getting it set aside?
ardll
post Sat, 18 May 2019 - 14:44
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- CCJ issued by excel parking on 18th of March this year. Sent to my old address, only found out about it on 10th of May this month when doing a credit check
- My address is currently up to date with the DVLA, would also note I had a speeding ticket (35 in a 30 zone on the motorway) which was successfully sent to my new address after the rozzas contacted my insurance company about my address. My address details are now up to date with the DVLA
- Contacted them on the Monday and explained I had no idea what the charges were for, they took my name and that was about it but didn’t offer any other help. I believe I asked if the CCJ could be removed if payment was made for what they believed I owed. No joy it was “too far along” or something like that
- Spent a week completing an n244 form but haven’t sent it on the basis that it would probably get thrown out by the judge (spoke to citizens advice, they said wrong address alone won’t cut it)
- Have since contacted the landowners where I work and she confirmed that the “invoices” had been issued for parking in the retail area for longer than 2 hours
She has agreed to contact excel and ask them to reduce the amount back to the original 30 for both “offences” and has said she will ask them if the CCJ can be removed but have heard nothing from her for 2 days now
- I have an allocated parking bay at work but sometimes for whatever reason I can’t always get into the carpark (full) so end up parking in the retail area, moving after 2 hours then coming back (nothing on the sign which says you can’t do that)

Wondering if anyone can help in advising what my options are now? this is threatening my mortgage now.

Absolutely disgusting that these gangsters/racketeering operations can destroy peoples lives like this.
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post Sat, 18 May 2019 - 14:44
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Jlc
post Sat, 18 May 2019 - 15:24
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They would have used the address on the v5 at the time.

No easy ride i’m afraid - to remove the CCJ it needs to be set aside. Either contested (£255) or uncontested (£100) - you don’t want to just satisfy the debt as this will not repair your credit.

If they won’t agree to the uncontested set aside (on the basis you pay them want they want) then you have to go contested. But there’s no guarantees it will be accepted - you need to show why the claim was ‘ignored’ and you have a reasonable prospect of success.

You also have a limited time to apply upon discovering the CCJ.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ardll
post Sat, 18 May 2019 - 16:01
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thanks for the reply,

how much time are we talking?

are you saying the best option now is an uncontested set aside?

Also, if needed setting aside the debt means I can put a notice of correction on which means that when I'm applying for mortgages it would require human intervention as it would be classed as an "anomaly".



This post has been edited by ardll: Sat, 18 May 2019 - 16:03
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Jlc
post Sat, 18 May 2019 - 16:52
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Anything over a matter of weeks is going to make it difficult.

You are unlikely to get finance until the judgment is actually set aside - depending on the lender. It could take weeks.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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southpaw82
post Sat, 18 May 2019 - 16:57
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If you apply for a set aside without Excel’s consent then you will have to show two things:

1. That you have a realistic prospect of defending the claim
2. That you acted promptly once you discovered the default judgment

If you are successful then the judgment is set aside and you will defend the underlying claim. If you successfully defend that then you may get your £255 application fee back. If you don’t then you probably won’t. If you win your credit record is untouched. If you lose then so long as you pay within a month nothing will go on your credit record.

Alternatively, you can do a deal with Excel whereby you will pay the judgment debt owed to them and they will consent to the judgment being set aside. That will cost you £100 (on top of paying Excel) but you won’t have to convince the judge of anything, the judgment will just be set aside and your credit record restored.

This post has been edited by southpaw82: Sat, 18 May 2019 - 16:59


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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ardll
post Sun, 19 May 2019 - 19:33
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QUOTE (southpaw82 @ Sat, 18 May 2019 - 17:57) *
If you are successful then the judgment is set aside and you will defend the underlying claim. If you successfully defend that then you may get your £255 application fee back. If you don’t then you probably won’t. If you win your credit record is untouched. If you lose then so long as you pay within a month nothing will go on your credit record.


thanks for your reply

are you saying here I can fill the n244 form in now go to the court then even if I lose still pay what they say I owe and it'll be removed from my credit record?

bearing in mind this is over a month since this ccj was issued as it was sent to the old address
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southpaw82
post Sun, 19 May 2019 - 20:01
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QUOTE (ardll @ Sun, 19 May 2019 - 20:33) *
are you saying here I can fill the n244 form in now go to the court then even if I lose still pay what they say I owe and it'll be removed from my credit record?

If you’re successful in getting the current judgment set aside, yes. An entry is only made on your credit record of a judgment isn’t paid within a month. And it’s more than just filling in an N244, by the way.


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ardll
post Sun, 19 May 2019 - 20:10
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yes, it's been over a month because the CCJ was issued on the 18th March and I only found out about it on the 10th of May sad.gif

would the best way forward to just get Excel to do a set aside by consent if I agree to pay them the money?

thanks
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southpaw82
post Sun, 19 May 2019 - 20:19
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QUOTE (ardll @ Sun, 19 May 2019 - 21:10) *
would the best way forward to just get Excel to do a set aside by consent if I agree to pay them the money?

It depends what your objective is. Do you want to just repair your credit record and move on or do you want to fight the claim?


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The Rookie
post Mon, 20 May 2019 - 15:33
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QUOTE (ardll @ Sun, 19 May 2019 - 21:10) *
I only found out about it on the 10th of May sad.gif

It's when you find out that matters, some people have found they have a CCJ a year or more old.


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