Ccj text from bailiff

[Andre2000]

Hello,

I received a text this morning from Empira ( Bailiff) claiming I owe £290. Which mentions a judgement. I then log in on experia to find a judgement against me in late May 2022 for Parking offence.

The issue here is I left my matrimonial home in June 2021 evidenced by the fact my wife took a occupation order out with the family court, meaning I was not allowed at the address whatsoever. We are in the process of selling the matrimonial home so this comes as a complete shock I have a ccj. I received no mail at all due to the court order.

How should I respond to the bailiffs and more importantly can I get the CCJ removed, as this obviously has impacted my credit rating especially for a mortgage which I will need shortly when the house is sold.

Andre

[echat11]

Hi ANDRE2000

You can get the CCJ set aside because of 'evidenced by the fact my wife took a occupation order out with the family court, meaning I was not allowed at the address whatsoever', so I assume you did not receive the original claim form.

https://www.stepchange.org/debt-info...aside-ccj.aspx

If you can get consent from the creditor, then there is a reduced Court fee.

Once set a side, you would have to defend the claim.

[Andre2000]

Hello Thank you so much for the reply I have been on my wits end since I received this text. I do not know what the original claim form is? Is this from the creditor?

I presume the creditor is the company who has made the claim for monies against me?

I have not called the bailiff as yet as I do not want to jeopardize any prospect of getting this removed.

I have been living in a hotel and also a property abroad ( 3 months in my home abroad) from December to April since July 2021. So no proper address in the Uk since I left the matrimonial home. I do not communicate with my ex whatsoever.

What specifically would I need to do? I have copies of all the court orders via email instructing that am not allowed to go back to my matrimonial home.

Andre

[echat11]

a) I do not know what the original claim form is? Is this from the creditor?

The Creditor would of instructed solicitors who issued the claim.

b) I presume the creditor is the company who has made the claim for monies against me?

Yes

c) I have not called the bailiff as yet as I do not want to jeopardize any prospect of getting this removed.

Don't call them, write / email all parties involved with the claim, explain to the Creditor that you never received the claim form as you have an order precluding you from visiting the premises, ask them for consent to the set a side, that costs just over £100 if they give consent.
Once consent is gained, the bailiffs should back off as the debt is returned to the Creditor. Get everything in writing confirmations.

d) I have been living in a hotel and also a property abroad ( 3 months in my home abroad) from December to April since July 2021. So no proper address in the Uk since I left the matrimonial home. I do not communicate with my ex whatsoever.

I think you are going to need an address.

e) What specifically would I need to do? I have copies of all the court orders via email instructing that am not allowed to go back to my matrimonial home.

As in c)

des8 Can you please take a look.

[des8]

This isn't really a subject I know about, but i think you need apply to have the judgment set aside (preferably with consent as it is cheaper)
The original case is then reheard, aqnd you will need to collect all relevant information about the incident to decide whether or not dispute it or pay the charge

[echat11]

This isn't really a subject I know about, but i think you need apply to have the judgment set aside (preferably with consent as it is cheaper)
The original case is then reheard, aqnd you will need to collect all relevant information about the incident to decide whether or not dispute it or pay the charge

Sorry, I should have been clearer, the OP doesn't have a fixed address -

'I have been living in a hotel and also a property abroad ( 3 months in my home abroad) from December to April since July 2021. So no proper address in the Uk since I left the matrimonial home. I do not communicate with my ex whatsoever.'

[des8]

Problem is CPR6.23 (https://www.justice.gov.uk/courts/pr...es/part06#6.23) requires parties to litigation to provide an address at which they either live or from which they conduct business

So if you are living in a hotel, use that address

[Andre2000]

Problem is CPR6.23 (https://www.justice.gov.uk/courts/pr...es/part06#6.23) requires parties to litigation to provide an address at which they either live or from which they conduct business

So if you are living in a hotel, use that address

Yes indeed you are correct and I did have to use the Hotel as an address for the courts. So I guess technically I do have an address though not permanent.

Thank you so much for all your help I feel blessed to have googled this forum.

Andre

[Andre2000]

I emailed gladstones solicitors regarding this issue. as per below:

I chased it up today and they have stated I have to deal with Empira bailiffs.

I understand that the original ticket came from Parking control Management LTD. Is it this company I need to contact?


Part of the email to Gladstones:

'I request that you give me consent to have the order set aside with Northampton county courts.


Please find enclosed the orders from Bromley Family Courts which clearly states I was not allowed into my matrimonial home. This is owned by myself and my wife however the Orders prohibit myself from attending the address whatsoever.


Please find enclosed From Bromley County Courts:
BR21F00346-DJO
BR21F00346-ORDER-COPY
BR21F00346-2021-08-06
bromley-fam-court-jpeg
BR21F00346_NHO_2022_06_24'

Andre

[des8]

Have you read our "set aside application" thread which can be accessed via the shortcut panel on the right of this page.
Or here: https://legalbeagles.info/library/ho...-judgment-ccj/

[echat11]

'I understand that the original ticket came from Parking control Management LTD. Is it this company I need to contact?'

That's correct.

[Andre2000]

'I understand that the original ticket came from Parking control Management LTD. Is it this company I need to contact?'

That's correct.

Thank you. I will give them a few days to respond, even if I have to pay the full fee I will do this so not to waste any more time.

[Andre2000]

Thank you. I will give them a few days to respond, even if I have to pay the full fee I will do this so not to waste any more time.

I have just rang Parking Control Management and they are saying to wait 14 days for a response. If I go ahead and pay the full fee to Northampton do I have recourse to get the money back if i succeed in over turning the judgement? I just think waiting may do me more harm than good.

Andrew

[Andre2000]

I received this ( email ) from Parking control Solicitors Gladstones.

Thank you for your correspondence.



At this stage we are not able to offer you a consent order.



If full payment of the Judgment is made then our Client may not oppose any application that is made by you, provided you do not seek back the costs in doing so.



The full amount of the Judgment is £290.06.

[echat11]

I received this ( email ) from Parking control Solicitors Gladstones.

Thank you for your correspondence.



At this stage we are not able to offer you a consent order.



If full payment of the Judgment is made then our Client may not oppose any application that is made by you, provided you do not seek back the costs in doing so.



The full amount of the Judgment is £290.06.

I think you need to write back, maybe attach the Order from the Family Court, tell them you were put in an 'impossible situation'.
So in order to resolve this they need to agree to a Consent Order. Explain if they fail to co-operate, then if you have to apply to set a side the Judgement, you bring to the attention of the course the facts as they stand, that you were put in an 'impossible situation' and didn't receive the documents and they haven't co-operated.