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Hi All,
I am hoping for some specific advice with the aim of a quick resolution with the above mentioned.
I will gladly elaborate but the situation is set out further below.
My quick question is whether this is going to be easier to apply to set aside with the court or, as much as it pains me, to request that BW Legal agree to set it aside with some sort of (much) lower settlement.
If its unlikely that they will accept a much lower payment than the £260 being requested I will go to court and seek advice on that accordingly.
By much lower I am thinking £30.
Based on the fact they sent the original letter 2 years ago to our current address (which we ignored admittedly) and then we didn't hear anything about it until finding out she had a CCJ awarded against her by default over 2 years later, with everything clearly sent to our previous address as per the public record on her credit file 18 months later, I am thinking we may have a good chance of getting it set aside and defending if needs be.
Coupled with the fact my wife never actually parked in the car park, just was stationary while feeding our then baby (toddler now) and did re- enter the car park after driving round the city loop to pick me up about 15 minutes later.
Anyway, to say our life is hectic busy at the moment is an understatement so to be honest, unlike my previous victory with the help of the saints on this site I don't have the urge to fight this one, more just get rid of it (and then maybe seek revenge later :-D )
The main issue we have at the moment is time and energy to deal with this. I'll save the tale of woe, but a month old baby, me working away from home 4 days a week and a half renovated house means we are pulled a bit.
The full(ish) story is here:
My wife was unexpectedly rejected for a small amount of credit about 8 weeks ago. As I was there at the time I took out the credit in my name and we put it down to her employment status of pre birth maternity (baby now here, 4 weeks ago)
Didn't think much else of it.
Then get letter through the post from BW Legal representing Excel Parking who are chasing a CCJ. Obviously shocked as never recieved court forms etc.
Check credit report and see there is a cci with our previous address on it. We moved from there in Feb 15 and the CCJ is dated Aug 16.
We did receive a letter at our current address when we first moved there about a parking fine and ignored it as per advice at the time.
The alleged parking 'contravention' was on the 11apr15. As said we moved to our present address and definitely 100% informed DVLA in the february as soon as we moved.
My wife didn't actually park in the car park although the car was stationary. She had no change but needed to pull to attend to our baby (toddler now) and then returned to the car park to pick me up about 10 minutes later as there is literally nowhere else to pull in in that part of town.
Help on best course of action and pointing towards letters/ templates is greatly greatly appreciated (AGAIN!!)
Thanks
Timster
I am hoping for some specific advice with the aim of a quick resolution with the above mentioned.
I will gladly elaborate but the situation is set out further below.
My quick question is whether this is going to be easier to apply to set aside with the court or, as much as it pains me, to request that BW Legal agree to set it aside with some sort of (much) lower settlement.
If its unlikely that they will accept a much lower payment than the £260 being requested I will go to court and seek advice on that accordingly.
By much lower I am thinking £30.
Based on the fact they sent the original letter 2 years ago to our current address (which we ignored admittedly) and then we didn't hear anything about it until finding out she had a CCJ awarded against her by default over 2 years later, with everything clearly sent to our previous address as per the public record on her credit file 18 months later, I am thinking we may have a good chance of getting it set aside and defending if needs be.
Coupled with the fact my wife never actually parked in the car park, just was stationary while feeding our then baby (toddler now) and did re- enter the car park after driving round the city loop to pick me up about 15 minutes later.
Anyway, to say our life is hectic busy at the moment is an understatement so to be honest, unlike my previous victory with the help of the saints on this site I don't have the urge to fight this one, more just get rid of it (and then maybe seek revenge later :-D )
The main issue we have at the moment is time and energy to deal with this. I'll save the tale of woe, but a month old baby, me working away from home 4 days a week and a half renovated house means we are pulled a bit.
The full(ish) story is here:
My wife was unexpectedly rejected for a small amount of credit about 8 weeks ago. As I was there at the time I took out the credit in my name and we put it down to her employment status of pre birth maternity (baby now here, 4 weeks ago)
Didn't think much else of it.
Then get letter through the post from BW Legal representing Excel Parking who are chasing a CCJ. Obviously shocked as never recieved court forms etc.
Check credit report and see there is a cci with our previous address on it. We moved from there in Feb 15 and the CCJ is dated Aug 16.
We did receive a letter at our current address when we first moved there about a parking fine and ignored it as per advice at the time.
The alleged parking 'contravention' was on the 11apr15. As said we moved to our present address and definitely 100% informed DVLA in the february as soon as we moved.
My wife didn't actually park in the car park although the car was stationary. She had no change but needed to pull to attend to our baby (toddler now) and then returned to the car park to pick me up about 10 minutes later as there is literally nowhere else to pull in in that part of town.
Help on best course of action and pointing towards letters/ templates is greatly greatly appreciated (AGAIN!!)
Thanks
Timster
