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Ccj actions after hearing

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  • Ccj actions after hearing

    Hey all. I was wondering if I could get some guidance on what to do with the following:

    I recently had a hearing to set aside two CCJs. One that appears on my credit file and one that doesn't. The one that doesn't I actually found at the bottom of an SAR request for the other CCJ. I didnt have to ask for it to be set aside but i thought i would incase of any complications in future. Both are in relation to parking tickets.

    CCJ 1 - Good news in my hearing today, it was granted a mandatory set aside and i now need to file a defence. im unsure how best to put this together. Where could I find some info around doing this?

    CCJ - This was not set aside due to no ground for defence. The context - This is in relation to parking fine and letters and claim forms that were sent to the wrong add as I didnt update my DVLA records. I asked if it could be set aside discretionary under CRP 13 but CPR 6 stated that the claimant took all the right steps so the defence wouldn't be strong enough. The truth is that I moved across the country in a rush due to new job and as it was an intense and testing year, i literally forgot to update my details. The claim forms were then sent to the wrong add.

    I argued that i didnt try to hide or avoid the law and was easily found on third part company profiles for any credit checks etc but the CCj set aside was still dismissed. I dont really know what else I can say about this except that it was a genuine mistake and that it is unfair that I should have to deal with this for 6 years. Any recommendation of how I could appeal the decision and set up a strong defence?

    Many thanks for you support.
    Last edited by legalbrow; 6th September 2021, 13:55:PM.
    Tags: None

  • #2
    Example Defence adjust to suit ostell

    Comment


    • #3
      So need sight of the original PCNs received.

      Comment


      • #4
        Originally posted by MIKE770 View Post
        Example Defence adjust to suit ostell
        ostell MIKE770 - thank you both for your prompt replies

        CCJ 1 - I checked the defence example and of course not all the points apply to me so I will remove what isn't necessary. Also, I had already written a defence for my hearing to show that i had the grounds for a mandatory set aside. Could I resubmit this defence or do I have to amend based on what was discussed in the hearing? and where do I need to send the defence too? Can I email it to the court where my hearing was set up (albeit telephone!)?

        Also for CCJ 2 - any way I can set good grounds to re-appeal the decision?

        Comment


        • #5
          Apologies if this is an obvious question but once the defence has been written, do we email or post it to the courts? Also what do we send with it? WS, CO? I'm quite new to all of this and very please my ccj has been set aside. I check my Credit file today and it appears to be removed already and the sums awarded were sent to my acc by the solicitors. What happens next?

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



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          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

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          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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