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County Court Judgement set aside - NEED ADVICE ASAP!

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  • County Court Judgement set aside - NEED ADVICE ASAP!

    Hi All,

    I am currently in the position of buying a house and have discovered a County Court Judgement in relation to a parking fine. I no longer live at the address (due to COVID-19) that the correspondence from the parking company was sent to and therefore never recieved the final County Court Judgement. As you can imagine this has significantly affected my credit score which is making it increasingly harder for me to get a mortgage.

    Once I discovered the County Court Judgement, I immediately emailed the parking company with a draft consent order requesting that they sign it, so I can then send this to the court for the CCJ to be set aside. After nearly a month of waiting the parking company has responded, please see below for their response:

    We refer to your recent correspondence.

    The claim was issued in relation to a parking violation that took place on the date and location provided
    above. Following the violation, the DVLA provided us with your name and address as the registered
    keeper of the vehicle.

    We note that you state you moved address and refer you to the information provided on the gov.uk
    website (https://www.gov.uk/dvla-change-address) which stresses that drivers MUST inform the DVLA
    of any change in address.

    Numerous letters including, but not limited to, the PCN, PCN Reminder and letter before action were
    sent to you, however, as the debt remained outstanding, we were left with no alternative but to
    commence legal proceedings. As you are aware, a County Court Judgment was obtained in the sum of
    £295.36.

    As you were not at the address at the time of the violation and were therefore unaware of the claim
    made against you, we are willing to accept £197 in full and final settlement of the judgment debt.
    Payment of the full amount outstanding can be made by calling or via our website,

    In order to make payment, you will be required to provide the PCN number
    (quoted above) and vehicle registration.

    The CCJ will be marked as satisfied once payment is received in full, however it will not be removed
    unless an application to have the Judgment set aside is successfully made with the Court.

    There are particular circumstances in which the Court may set aside judgement – the main reason is
    where it appears to the Court that there is a good reason for setting aside Judgment. An example of a
    good reason is that you did not receive the claim form and were therefore unaware of the claim. The fact
    that you have subsequently settled the Judgment debt is not ordinarily a good enough reason to allow the
    Court to set aside Judgment.

    Once payment of the full amount has been received, we will provide you with a draft Consent order
    which you can file with the County Court Business Centre (CCBC). You will need to sign and date the
    draft Consent Order and then send it by post/email to the CCBC with the filing fee of £100. A District
    Judge at the CCBC will then make a decision regarding the removal of the judgment when reviewing
    your application. Please note that removal of the Judgment is not automatically granted. The outcome of
    your application is at the discretion of a District Judge or a court-appointed Legal Advisor.

    If you are in any doubt about the content of this letter, you should seek independent legal advice.


    My question is, should I pay the reduced fee and then ask them to sign the consent order? Or should I respond by asking them to sign the draft consent order that I originally sent them? In my original email to them, I stated that I would pay the original balance (not the reduced fee) and the £100 filing fee. My only concern is with paying the reduced fee first before receiving the draft consent order is that the court will not set the judgement aside as it has already been paid. I have read up on set-asides and I understand that it puts the CCJ back to how it was before it was automatically placed on my credit file, therefore if I was to pay it before applying for a set aside it wouldn't make much sense to the court to set it aside.

    I'm completely at a loss at what to do, so any guidance or suggestions would be appreciated. I am considering taking legal advice before I proceed. However, if someone on here could advise me first I would be grateful.
    Tags: None

  • #2
    Hi ASHJC10

    ostell Please can you take a look.

    Comment


    • #3
      I'm not an expert on set aside.

      As you need it cleared then pay the 255 and the supply a defence to the claim to get it wiped out. And also suggesting that they have added sums they are not entitled to. See the Wilkinson case

      Oh and claim the 255 back from them because they didn't check your address before claiming

      Comment


      • #4
        You need to go back to them, tell them that you will agree to the following process:-

        They send you a letter confirming they will agree to the consent to set aside (so you pay £100 fee).

        You draft the consent order, they sign and return it.

        You fill in the N244 send that off with the signed consent order with the £100 fee.

        The Judge grants the set aside, you pay the judgement debt as per the terms of the consent order.

        Tell them both parties want the matter settled.

        Comment


        • #5
          Originally posted by echat11 View Post
          You need to go back to them, tell them that you will agree to the following process:-

          They send you a letter confirming they will agree to the consent to set aside (so you pay £100 fee).

          You draft the consent order, they sign and return it.

          You fill in the N244 send that off with the signed consent order with the £100 fee.

          The Judge grants the set aside, you pay the judgement debt as per the terms of the consent order.

          Tell them both parties want the matter settled.

          Thank you for your help, what do I do if they don't agree to sign the consent order without me paying the settlement figure? I'm just unsure as to whether the judge will set it aside with me already paying the CCJ. So would you suggest I reply back stating that I would prefer to pay the full fee and them sign the consent order first so I can get it sent over to the court?

          Comment


          • #6
            It is up to you, set aside is a 'pitfall' as it's not an automatic and you have the 'vagaries' of the Judge. Try as suggested in post 4 and you have a fallback position. But it's nailing the terms down with the creditor which is the key.

            Comment


            • #7
              Thank you for your help so far. Please could you read through the below for me and advise of any changes that may need making?

              Thank you for your response to my recent emails. I understand that I did not change the address of where my vehicle is registered, however due to COVID-19 I did not think that I would be living at my girlfriend's house for such a long period of time. As I never received the letters from yourselves, due to not returning to my Mother's address until August this year I would like to attempt to have the County Court Judgement set aside before I pay the full fee. This will also help with my credit score as once the judgement is set aside it is removed from my credit file. In addition to this, the judgement is less likely to be set aside by the court if I have already paid the fee.

              Therefore, if you agree, below is the procedure I would like to take.
              • Your team signs the drafted consent order attached to this email and returns it back to me.
              • I fill in the N244 form, send that off with the signed consent order and £100 filing fee.
              • Once the judgement is set aside, I will pay the judgement debt of £295.36 as per the terms of the consent order.

              Comment


              • #8
                Just some amendments, might help / might not help. -

                Thank you for your response to my recent emails. I understand that I did not change the address of where my vehicle is registered, however this is due to the current COVID-19 situation.

                I did not think that I would be living at my girlfriend's house for such a long period of time, but had to because of the circumstances described above. As I never received the letters from yourselves, due to not returning to my Mother's address until August this year I would like to attempt to have the County Court Judgement set aside before I pay the debt. The decision to set aside the County Court Judgement is more like to be granted if the following process is followed, both parties want to resolve this matter.

                Therefore, if you agree, below is the process both parties should follow:
                • Your team signs the drafted consent order attached to this email and returns it back to me.
                • I fill in the N244 form, send that off with the signed consent order and £100 filing fee.
                • Once the judgement is set aside, I will pay the judgement debt of £295.36 as per the terms of the consent order.

                Comment

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