CCJ from excel parking

[DH0208]

Hi all,

My husband got notified of a CCJ going onto his credit report at the end of June. He phoned and got given an automated payment number which we phoned and paid to settle so it wouldn’t hit his actual report. We’ve since checked his report and seen that the CCJ has gone through and on checking the bank account the payment didn’t clear (we have no idea why as there was more than enough in the account to go through).
The actual court papers went to our old address so we had no idea that this was going through.
What I want to know is whether we are able to have it removed by consent?? My husbands credit score is usually perfect and this has massively stressed both of us out so any help would be really really appreciated!

Thanks!

[paulajayne]

Papers went to the address on the V5 (vehicle log book) document.

Update with the DVLA your address to prevent it happening again.

[DH0208]

Hi Paula,

thanks for the response but the ticket was issued on a hire car which we had for a couple of days and the company were given the new address so it should have been sent on with correct details.

I would appreciate no negativity and just want some help.

[R0b]

The general rule is that payment of a CCJ will be deemed an admission of liability.

What you are asking for is essentially to repair your husband's credit file and the court's will not do that if they get a whiff that is what you are trying to do. You can ask the claimant to consent to setting aside the default judgment but you cannot compel them; it is entirely up to them if they so wish or they could just ignore you.

If the claimant doesn't agree, then your husband will have to make an application to the court to set it aside. The problem is that even if the judgment is set aside, the claim continues back to its previous state of you filing a defence, but you have already paid up so there is no actual claim to be heard and the court can't just dismiss a claim without a hearing. You are more than welcome to try but its a risk and no guarantee, especially if the claimant says you've already paid up.

Your husband could obtain a certificate of satisfaction from the court for £15 but will need to evidence payment has been made. On doing so, that will be marked on the credit file as satisfied. Still affects ability to get credit but at least shows it is not outstanding.

Just as an FYI, you only have one month from the date of judgment to pay up without it going onto your credit file and if the payment was made after 30 days, it would have gone on file anyway.

There are a few threads on here where people have been in a similar stituation where they have been successful, and I would suggest you use the search function to look for these for guidance.

[paulajayne]

Hi Paula,

thanks for the response but the ticket was issued on a hire car which we had for a couple of days and the company were given the new address so it should have been sent on with correct details.

I would appreciate no negativity and just want some help.

It was not negativity just that we see a lot of cases where the V5 has not been updated and my advice was to ensure that it did not happen again.

We do not condemn on this forum as it is not helpful.

See Rob's good advice above.

[DH0208]

Hi rob,

thanks for the advice! We actually have grounds to have it set aside as my husband wasn’t the driver, had no knowledge of the ccj, it was a hire car where the company were given our new address however all court documents were still sent on to our old address.

We havent actually made any payment to excel parking either.

we were hoping to look at setting aside by consent as reading up it seems a more straightforward approach if we can get in touch with excel

would you have an example of a consent order where the defendant hasn’t paid yet?

Thanks,
Danielle

[R0b]

Sorry I misread the intial post.

There is an example I have somewhere but will need to dig it out

[DH0208]

That’s great thanks Rob!

After having no luck with excel I’ve rung around a few solicitors mentioned on other forums and found the one they’ve used for the CCJ.

Which is is the best way to request the removal by consent?

Im aware this is time sensitive too with getting everything through the court as soon as possible being the best option!

thanks,
danielle

[R0b]

Does the consent order you've found accurately reflect what you want to do? There are various ways of drafting a consent order depending on the circumstances, so you might need to be careful in case you have not covered everything on the order.

Personally, I would suggest writing to Excel and asking them to consent to the set aside, for two reasons mainly. First, you are putting them on notice so they can't complain they didn't know anything about it and second, if they ignore or refuse to consent, then it gives greater ammunition to see a costs order against them should they then decide at a later date to agree to the set aside.

I do have a couple of letters on this but again will need to dig it out - i'll try to find something over lunch.

[DH0208]

The consent order I’ve found isn’t quite right because it’s for someone that has already paid and settled which we haven’t done yet.

Is it worth going through the solicitors that have confirmed the ccj is with them?

Ive tried calling and emailing excel multiple times over the last couple of days with no response. Even their sales number goes straight to a voicemail.

[R0b]

You really need to go through Excel rather than their solicitors. Just because their solicitors might have been instructed to act in taking legal proceedings, that has now ended and does not automatically follow that they are instructed to continue acting for Excel, unless excel specifically refer you to them.

I've found an example letter that you could send to Excel but this is based on the fact that they failed to comply with the CPR by not carrying out an investigation as to your current whereabouts and therefore the claim form was invalid. It also assumes your details were updated when you moved but also that the lack of response ought to have given them suspicion. Obviously if the facts are not the same you will need to adjust it to suit.

Since promptness is a requirement for set aside, I suggest you give them a deadline of 12pm this Friday, which should be sufficient for them to decide whether to agree or not.

As for the consent order, it really depends on what you want from the order, what information you already have and if there is anything else you want included. Do you have a copy of the PCN letters or the original claim form? If not, how you can you formulate a defence if you don't know the claim put to you? That sort of stuff is what I'd want including in the consent order if I couldn't have obtained it and can be done by Excel re-filing and re-serving a copy of the claim form, after which you have 28 days to file and serve a defence.

Until you have all those answers, difficult to see what sort of consent order is needed.

Suggest you take a read of my guide around set aside, it gives a few tips on how to go about this.

https://legalbeagles.info/forums/for...tailed-version