CCJ civil enforcement ltd

[Iow]

Hi All.

After researching online about CEL i am no clearer on the best solution to my issue. Hopefully someone can help me out please.

I recently did a credit check and discovered i have a CCJ of £237 from 20.08.2015. I was not living at the address on my CCJ when this was issued so recieved no letters about this CCJ. I am looking for my first mortgage and would like my credit score to be as good as possible but also for the situation to be resolved as quick as possinle. After speaking to CCMCCE i was advised to pay CEL then ask them for a proof of payment and for them to notify CCMCCE that it is paid. Then i can send this receipt of payment to CCMCCE and pay 15 pounds for a receipt of satisfaction.

1. Would people advise this to be the easiest and quickest solution to have my credit score bumped back up?

2. What would be the safest method of paying this to ensure i recieve proof and can provide this to CCMCCE?

After reading so much about CEL i would love to have the time and energy to fight them in court to have the CCJ set aside but i just want this dealt with ASAP and without hassle and stress.
Wouldnt it be great if there was a generic letter that could be sent to CCMCCE which explained the type of company CEL are and would cause them to set aside any CCJs made by CEL.

Thanks in advance for your advice..

[Iow]

Re: CCJ civil enforcement ltd

Can anyone bring clarity on this? Its the first time ive had to deal with such a thing.
Thanks

[charitynjw]

Re: CCJ civil enforcement ltd

Hi, welcome to LB.

The folks at Trust Online, who deal with such matters, pretty well say the same as your first post.
https://www.trustonline.org.uk/under...satisfied-ccjs

[Iow]

Re: CCJ civil enforcement ltd

Hi Charitynjw.

Thanks for the reply. I have read elseware that if i apply for this ccj to be set asside which could be automatic based on a failure to serve papers?

Also, that CEL would probably not turn up to the hearing anyway. So this would mean a clean credit report for the £255 set asside fee.

I was thinking of writing in the whitness statement attached to the N244 form that i was not a resdient at the address on the ccj at the time it was issued. I moved from that address 4 months before the ccj was issued and therefore did not receive any documentation relating to the ccj or have a chance to defend. Also, that i was shocked when recently discovering this ccj on my credit report which is why i have not applied for it to be set aside before now. (The ccj was issued in
August 2015)

What would be seen as sufficient evedence to attach to the form to prove the date i moved address? I have an email from dvla confirming the change of address on my driving licence. Should i include this along with a bill from that month?

What would be the next step after i submit the N244? Would i need to go to a hearing?

Any help wpuld be much appreciated from anyone in the know.

Thanks a lot

[charitynjw]

Re: CCJ civil enforcement ltd

If it were me I'd write to the Judgment Creditor (formerly the Claimant) & request consent to set aside the judgment based on the incorrect address for service. Obtaining default judgments due to this practice is a bit of a hot topic atm.
If by consent, the set aside is circa £100, & fairly straight forward.
Not consenting could be seen by the court to be unreasonable behaviour.

If you do not get consent & wish to apply for set aside (I believe that's the £255 one) then it is wise to attach a draft defence showing that you have a viable reason for defending. It doesn't need to be 100% guaranteed to succeed, just viable. You might be able to reclaim this if the judge decides that the other party has been unreasonable.

Keep a copy & get proof of posting.

[Iow]

Re: CCJ civil enforcement ltd

Thanks again for the advise.
Update. I sent to below letter 2 weeks ago and have proof it was delivered and signed for. Ive had no reply from CEL to set the ccj aside so im looking to go ahead and send an N244 form to the courts. Does anyone have any more advise on what to include with the form?

[IMG]20171109_203432.jpg[/IMG]

Thanks

[Iow]

Re: CCJ civil enforcement ltd



- - - Updated - - -

https://www.dropbox.com/s/042vfl6zk8qzfzx/20171109_203432.jpg?dl=0

- - - Updated - - -

http://https://www.dropbox.com/s/042...03432.jpg?dl=0

- - - Updated - - -

Hopefully one of those links to the letter work. Im new to this. Ha ha

- - - Updated - - -

https://www.dropbox.com/s/042vfl6zk8...03432.jpg?dl=0

[Iow]

Re: CCJ civil enforcement ltd

Anyone?

[ostell]

Re: CCJ civil enforcement ltd

See what they say, probably no

[Iow]

Re: CCJ civil enforcement ltd

Do you mean the court will probably say no to setting the ccj asside? Anything i can say to possibly turn a no to a yes?
Thanks

[charitynjw]

Re: CCJ civil enforcement ltd

Do you mean the court will probably say no to setting the ccj asside? Anything i can say to possibly turn a no to a yes?
Thanks

I think @ostell means that CEL will say no.
If so, or if they don't respond, you can still apply to the court for a set-aside, which of course will cost.
Their 10 days is now up.

[Iow]

Hi All.
I have an update on this.
I have received a court date for a hearing to set aside the judgement. It states that 'the defendant shal not less than 7 days prior to the hearing send to the court and to the claimant details of his defence to the claim.'

When I filled out my form to have the judgement set aside I included the letter I sent to CEL to ask for the claim to be set aside with proof of a signed for letter, proof that i was not a resident at the property when the initial court summons was sent in the form of my driving licence address being changed several months before.

I'm just wondering how I can now prepare for the hearing and if I need to send another letter to CEL explaining my reasons for having it set aside etc.

Any help would be much appreciated as I really need to get this removed from my credit record.

Thanks

[Iow]

I' in court today so any last minute advice would be greatly appreciated.
thanks