Unknown LLoyds CCJ

[stcl]

Hi

 

I recently went for a mortgage and got refused saying that I had a CCJ against my name.

 

It turns out that I got a parking ticket in 2012 which I was unaware of,

the correspondence went to a previous address

 

 

I have now a CCJ against my name for £1540!!!

Issued from Northampton Court in December 2012.

Yes £1540 for interest on a parking ticket that was probably £25 to start with.

 

I had no knowledge of this ticket,

no knowledge of this ever going to court,

and there is no way I am going to pay that amount for a parking ticket.

 

As this was all issued to the wrong address

is there anything I can do to get this off my record

as it has tipped by credit rating into "poor" status?

 

I honestly can't believe I knew nothing of this for over 3 years and now it has royal screwed me up.

 

Any help would be really appreciated.

 

Thanks

[BankFodder]

You may be able to apply for set-aside.

 

Start off by contacting the court and getting all the information you can about the judgement. Tell the court that you have never received any papers about this and that you would like a copy all the documents involved. They should be able to email this to you by the end of the week.

 

Also, you can search this website http://www.trustonline.org.uk/and get details although it will cost you a small fee.

 

When you find out more then come back here.

[dx100uk]

I take it this was a private parking ticket

and that you at the time must have moved

and had not updated DVLA with a change of address

if you were driving your own car at the time

as they get the info from the DVLA

[ericsbrother]

It is common for the parking co's to leap at the opportunity a change of address

gives them to issue a claim to an old address that was correct at the time

but they know to be incorrect at the time of the action

- usually the new householder sending letter back marked gone away.

 

Appply for set aside and as this claim will be for a pre-POFA event you will win the rematch.

 

 

You need to fill out a N244 and pay a fee but you will get your money back

if the parking co want to go for the claim again.

 

 

If they dont £150 odd is not too much to pay to clear your name and get a mortgage.

[stcl]

Thanks for the advice!

 

 

I was parked in a permit only parking slot at the road.

I failed to see the permit only sign, my own fault.

 

 

The car was there over night so I can only think that a traffic warden (or whatever you call them now)

put a PCN on my window and someone thought it would be clever to rip it off (just a guess).

Yes I had recently moved and not updated the DVLA.

 

I have emailed the courts as suggested for the info but not heard anything yet.

 

So, your saying the best course is to just go for a set aside?

 

Isn't there a chance they will just go after me again

as Noddle staes -

 

Case 2xxxxxxx - County Court Judgment - Active

Judgment date 03/12/2012

Amount £ 1,540

Court name Northampton

 

Thanks again

Edited April 4, 2016 by havinastella
Case number showing

[havinastella]

I have edited your post as case number not needed.

[stcl]

Thanks

[dx100uk]

I take it you updated DVLA now?

[stcl]

Yes, twice since

[ericsbrother]

the set aside will make them state their case

and then it will be decided on its merits along with your defence.

 

 

If it was just a private parking co you will win and we will guide you as to how.

 

 

If a proper council PCN then you will get the chance to either appeal the original ticket

or cough up the corredct amount.

 

 

The council would have sent the bailiffs round by now if it was the case so I imagine it is the former.

 

I would apply for a set aside as you can rest the clock

and lose the CCJ from your file even if you have to pay the fee plus £80 for the original PCN

[stcl]

OK, thanks for the advise!

 

 

This is for a council PCN.

 

 

I have looked into the set aside procedure and still am a little confused (sorry).

 

 

Is it the N244 I need to fill out?

 

 

And if so I am not sure of the information I need to provide like the claim number, warrant number etc.

 

 

Or shall I wait for the courts to get back to me with the relevant info on the case?

 

Thanks

[dx100uk]

are you SURE this is a council PCN?

they don't issue CCJ's for those

they issue fines..

 

 

dx

[stcl]

Hmm, now I am wondering. I will wait for the details from the courts about the CCJ and get back to you.

 

Thanks

[dx100uk]

ring northants bulk and ask.

 

 

dx

[stcl]

Hi again,

 

So this came as a bit of a surprise.

 

This actually wasn't for a parking ticket as I thought.

 

It was actually for a bank account I went in arrears in when I was made redundant in 2008.

It was with Lloyds TSB who closed my account three months after I couldn't keep up with them

and past it on to various debt agencies.

 

I was getting letters from so many different collection agencies

I didn't know who to pay at the time.

Any way it ended up with Westcott.

 

This is what the courts emailed back to me -

 

In response to your email, please see below the details you have requested.

 

Claimant

LLOYDS TSB PLC LLOYDS TSB PLC

 

Claimant Solicitors

WESCOT CREDIT SERVICES LIMITED

Tel: 0844 8241158

Ref: DM/31xxxxxx5

 

Particulars of Claim

THE CLAIM IS 1365.47 BEING MONIES OWING TO THE CLAIMANT IN RESPECT OF A CREDIT AGREEMENT

BETWEEN LLOYDS TSB PLC AND THE DEFENDANT UNDER ACCOUNT NUMBER 25xxxxxxxxx7.

THE AGREEMENT WAS TERMINATED AS THE DEFENDANT FAILED TO MAINTAIN THE AGREED TERMS.

 

IN ACCORDANCE WITH THE PRE-ACTION PROTOCOLS THE CLAIMANT HAS ATTEMPTED TO CONTACT THE DEFENDANT

AND AGREE A REPAYMENT PLAN. T

 

HE DEFENDANT HAS FAILED TO RESPOND OR MAINTAIN A SUITABLE ARRANGEMENT

AND THE BALANCE OF 1365.47 REMAINS DUE AND OWING FROM THE DEFENDANT TO THE CLAIMANT.

 

AND THE CLAIMANT CLAIMS INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984

AT THE RATE OF 8% PER ANNUM FROM 05/11/2012 TO 07/11/2012

TOTALLING 0.30 AND THEREAFTER AT A DAILY RATE OF 0.30 TO DATE OF JUDGMENT OR SOONER.

 

I hope this assists you with your query, but should you require any further assistance, please do not hesitate to contact us.

 

Still I had no clue this was going to court as the correspondence was going to the wrong address.

 

I still can't believe I have only just found out about this from looking on Noddle.

 

 

Is there anything else I can do?

 

Thanks

[ericsbrother]

so when was the judgement handed down?

 

 

If after 6 years after the default date you ask for set aside and say that it was statute barred.

 

 

They will then not be able to restart the action after the set aside.

 

Looks like debt assigned to Westcotts in 2012

 

 

so did you pay anything to anyone before that date and after Lloyds closed the a/c?

[dx100uk]

thread retitled and moved

 

 

dx

[dx100uk]

wescot are not sols.

and the claimant was Lloyds?

that's rare.

when date was it again?

[stcl]

Lloyds TSB handed it over to a debt collection agency, not Wescott to start with, I can't remember who though, around mid to third quarter 2008.

 

According to the email from the courts the date of CCJ was 05/11/2012 (I think) for £1365.47

 

Noddle says Judgment date 03/12/2012 Amount £ 1,540

 

On these dates in 2012 I was not living at the date stated, that was a previous address.

 

Thanks

[dx100uk]

if you didn't update your creditors

then that is not a reason to set aside alone

 

 

you'll need a defence for the actual claim too....

[stcl]

OK, well only 3 years to wait for it to come off my file then. Aces.

 

Thanks everyone