UKCPS and CCJ

[Guizado]

Hello guys,

I am trying to decide what to do with my case and need some help, I have done a lot of research so I only have some elements left answered.


I got a pcn January 2017, just after I had moved home, I forgot to pay for it and I never got another letter about it.
I found out today I have a CCJ and its past the 30 days, so I phoned up the company and I payed the full pcn plus delay etc which was £175.


I admit I changed the car address only like 2 months after moving, so I am not trying to say I am innocent here, I am just trying to get the CCJ removed completely, If I had know before I would have paid no problems whatsoever.


So to resume,


I got a pcn.
Forgot to pay for it.
Changed DVLA address with 2 months delay.
Never got a letter to my new address.
Check Credit Score, found CCJ with over 30 days past.
Paid the Invoice.


Now my options are to ask UKCPS to set aisde the judgment but I dunno if its going to work, or the other option to send a N244.

With the N244 I have done the "Draft Order", I am having some difficulties with the "Witness Statement" and I am not sure on what to write on the "Draft Defence".

Can someone please have a look at the attached docs for me and give me some pointers so i can fill the rest?

Many Thanks

[AdszGee]

Hi,

I'm currently in a similar situation to this and I’m just wondering how you eventually went about resolving the issue?

Thanks

[Guizado]

Hello, i filled the N244, like i said i had proof my address changed via my drivers license before thy sent any correspondence. So with the n244 ukcps didnt show up to the court appointment so they removed my ccj. The payment i already had made i didnt care about it, it was a lesson learned.

[charitynjw]

To clarify, the CCJ has been set aside by the court?

[Guizado]

Corret, the ccj was set aside.

[charitynjw]

If I'm reading this correctly, it would seem that, procedurally, the case is in a weird limbo.
If set aside, it goes back to being a live claim.
But if you've paid, it is usually assumed that you've admitted liability & if so, the CCJ will stand as a correct decision.
I have seen cases like this where the case is 'stayed'......permanently, if neither of the parties take further action.
Has the court given any direction on how to proceed?

[Guizado]

My reason for paying was really because i got scared of the ccj and did not know it was going to stay, the ccj has been set aside i no longer have any markers on my credit score.
The instructions, was for the court to re-instate the case and go back to the first stage, but because UKCPS already had the money they never bothered to call another court date, and i didnt want to go to court because one day off work costs more than what i was gonna get back. I never got any other letters, when the case was set aside it was just me and the judge, he said UKCPS never bothered to show up and he saw my proof so he set it aside. He said i was going to receive a letter for a future court hearing but i never did and to be honest its for the best.

[charitynjw]

A friend of mine is in a similar position as regards a stayed court claim.
He defended a claim, the Claimant didn't respond & the court stayed it until/unless there was further movement from either party.
That must be 7 or 8 years ago.......imho, too late now for the Claimant to try & resurrect.
It has in no way at all affected my friend, & I guess the claim is now languishing on some virtual shelf in some virtual storage area, gathering virtual dust.