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Rich_Day10

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  1. Thanks very much, that's great. I'm going to try and mount a defence based on various things and will list them all in my submission. Am I right in thinking that it may not even get to another hearing?
  2. I've had my ccj set aside by the judge and he has ordered them to pay me £258 costs for lost time, my set aside fee and my travel. I now have 14 days to mount a defence.
  3. Thank you dx. So could I mount a defence regarding them not being the landowners? That will mean a separate hearing won't it?
  4. Hi everyone. I was given a default CCJ against my name earlier this year by debt enforcement action Ltd but they sent everything to my old address, as I have explained in a previous thread. I have paid the money to the court for the hearing and I feel that I fit the criteria for a set aside because I had let them know my new address and even offered a settlement, which they ignored and went ahead with the CCJ, sending the papers to my old address so I could not do anything about it. The company has since written to me stating that they have no objection to the set aside and are happy for the case to be reduced to a defended case. They will also not be in attendance at the hearing. I am happy if this is the case, but do I have a defence? If the CCJ is removed and comes off my record then I am also happy to make an arrangement with the company as I don't want to then go to a defended case and lose it. What are the options for me? Any help much appreciated. Thank you.
  5. I have spoken to the court and they have confirmed that it was issued by debt recovery plus for a parking charge . I have the number for their legal section but there is no answer and only an answering service but I am reluctant to leave a message.I am going to complete the N244 and send it back to HMCTS with the fee, then just wait I guess. I hope I am able to get a set aside.
  6. Thank you. The link is very helpful but I have no idea what sort of defence to mount. I don't want to have to pay the amount, but I will if I really have to in order to get the CCJ wiped out. Is the defence merely to get the set aside because I didn't receive the letter?
  7. Ok, thanks. I don't know where to start though, other than phoning the county court money claims centre tomorrow.
  8. Hi, I hope someone can help me. We are looking to remortgage our house soon and I thought I'd do a quick check on on my credit report. I have always paid my credit cards and bills etc, so I was staggered to see that I had a CCJ against me in respect of my previous address, which we left in July 2013! This is only recently, so I have not been able to contact the court or anything, but I will tomorrow. From doing some online research, I think it is from Debt Recovery Plus from a parking charge in 2013. I have £237 against me and I took (probably wrong now, I know) online advice to ignore the parking charge as it not enforceable. I managed to obtain a letter from the new occupiers of our old house about this and even contacted Civil Enforcement Ltd in November 2013 about it, explaining my situation and offering a settlement or solution to the problem. I sent them a letter with my new address on and an email, which I still have on record. The CCJ was issued to my old address and they were aware of my new address. I did not receive the papers. Is there anyway I can get this situation sorted and have the CCJ removed or set aside? Thanks in advance.
  9. Hi all.I am the rep for a friend of mine who has just lost her ESA appeal yesterday. She did not do herself justice in her application and subsequent WCA and scored 0 points. The appeal was not successful as they only scored her 12 points based on my submission. She suffered from a brain tumour in the late 80's and had part of her brain removed which has resulted in various mental problems. She has emotional lability, memory problems and a tremor amongst others. She received IB topped up with IS for many years until having to claim ESA. She completed the form without considering the implications and was having a good day, so did not ask for any help. Anyway, it went to the appeal tribunal and the doctor was very harsh (imo) and made the decision to only award 12 points as she doesn't have a diagnosis of anything and kept saying that as it was not on the application form, they can't consider it. The WCA decision was made in July 2013, so she can now apply for ESA again and will. All the stress and trauma has unfortunately now worsened her health and caused an element of depression and anxiety. I think she had these before, but the symptoms are much more prominent now. I have advised her to go to the doctors with a family member and get treatment and a diagnosis of depression/anxiety with a new sick note which she can use in her new ESA application (she had an open ended sick note before, based on severe headaches and memory problems). I'm sure I read somewhere that a person who received IS on the grounds of incapacity would only have to score 10 points in the WCA to qualify for ESA. Is that correct or am I making it up?!I am confident that she will be awarded ESA at the second attempt but just annoyed that she was overlooked for the backdated period. Any help would be appreciated, many thanks.
  10. Ok, thanks. Would I need to put in anything other than that and would you suggest giving my new address?
  11. Great, thanks. They have given me until the 25th to pay. Am I able to contact CEL and do this by email? A letter would not there now unless I sent it first class today.
  12. Ok, many thanks. Are there any links to successful defences that have being used? Just to save me looking!! Thanks again.
  13. They don't - the DVLA do, obviously. Can they approach them for my new details? Am I legally obligated to tell them?
  14. Well, the store is a Co-op, but the letter I have states that the location is "Car Park at ***** Street" and does not mention anything about the company. I'm still going to ignore this, as I feel that if it does go to court, I can put up a defence. I've heard of a few "cold cases" where the "offender (sic)" has ignored the threatening invoices then hears nothing, but then all of a sudden is summonsed to court a year or two down the line.
  15. Thanks for the reply. In your opinion, what are the chances of this going to court? They have not suffered any losses!! I felt vindicated by ignoring up to now, but with some people saying I should not now ignore, the seeds of doubt are planted.
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