CCJ from Civil Enforcement Ltd

[Irate]

Hi,

We recently found that CEL only recently issued a CCJ at a previous address (we haven't lived there for over 2 years) and, having read the numerous threads, we believe we know the process to follow. Just to check, the info from the court is very limited/vague and, due to technical issues, they can only post it to us rather than email. Should we contact CEL to get the necessary information, and to request them to consider consenting a set aside? The concern is they will then have our new address and we, obviously, haven't yet requested the set aside with the court so they could just turn up on our doorstep. Also, without the necessary details we can't recall if we received the original PCN and used a legal template to outline why we wouldn't be paying it or whether we just didn't receive it (we had a mail re-direct on and I know we argued one at some point and heard nothing back!). How should we word the letter/email to them if we're not sure?

[R0b]

Hi Irate,

Perhaps you want to take a look at the following link to get you started and then if you have any other questions we can answer them for you.

http://legalbeagles.info/forums/foru...tailed-version

[Irate]

Cheers ROB; will take a look now

[Irate]

Hi ROB,

As per my original post, am I ok to put our new address on the email/letter to the claimant or should things only be done by return email?

[R0b]

If you are corresponding by email, you don't have to put your address on there but once you submit an application to set aside the CCJ you will need to enter your current address anyway otherwise you won't receive any post from the court.

I've set out below an example of how you might wish to correspond with CEL though you might need to adapt it to suit your current situation.

-----------------------------


Dear Sir or Madam,

Re: Application to set aside judgment
Civil Enforcement Limited v [YOUR NAME] (Reference:XXXXXX)

I am writing with reference to the above matter.

It has come to my attention following a review of my credit report on [NAME CREDIT REF AGENCY], that Civil Enforcement Limited ("CEL") have obtained a County Court Judgment dated [DATE]. The judgment appears to relate to an outstanding balance in respect of a penalty charge notice ("PCN") however the particulars of claim does not set out the location of where the alleged infringement took place. In fact, the particulars stated on the claim form are extremely vague and incoherent.

I have no knowledge of ever incurring these charges nor have I received any correspondence from you or the court in respect of this claim. Following a telephone call to the court, I am now aware that CEL have issued a claim at my previous address [insert address] and not my current place of residence. It is therefore my intention to submit an application to the court on the grounds that service of the claim form was invalid and that I have a reasonable prospect of successfully defending the claim. Accordingly, please provide the following documents:

• the claim form;
• detailed particulars of claim;
• the PCN ticket and all other relevant documents in relation to the PCN
• all correspondence from CEL addressed to me in respect of the PCN.

You should be aware that any application to set aside a default judgment must be made promptly and I require the above-named documents from you within the next 7 days from the date of this letter.


In order to minimise the costs to both parties, please confirm by return whether you consent to setting aside the default judgment [and the complete withdrawal of your claim]. In return, I am prepared to pay for the cost of the application with no order as to costs. Should you consent, I will prepare a draft consent order for your perusal.

If I do not hear back from you by 4pm on [insert date], I will have no other choice but to issue an application to set aside the default judgment without further notice to CEL. In this case, I will seek full costs of the application along with all other incidental costs. I estimate these costs to be £255 for the application fee as well as [number] hours’ preparation in respect of the application at a rate of £19 per hour.

I look forward to hearing from you by 4pm on [insert date].

Yours faithfully,

[Your Name]

[Irate]

Cheers ROB