Found backdoor CEL CCJ on Credit report - Shattered !

[ericsbrother]

In essence,

CEL sent you a bill and you didnt pay it.

they went to court after adding on another £200 in spurious charges and won as you didnt respond to the court claim form.

 

The truth is that if you had known about this you could have easlity beaten it as CEL are not very honest in their actions and would have backed out of a court battle because of their antics are well known to judges and actually turning up would mean they propbably wouldnt go home again afterwards for a while.

 

You can apply for a set-aside by filling out an N244 and paying the fee, which is recoverable if the matter is then heard again and you won.

 

 

If CEL sent paperwork to the address that was your address at the time you will get the judgement set aside and the matter will be reheard at a future date.

 

 

If you had moved before the date of the incident that gave rise to the claim then you are an utter fool and the judge may well decide that it as all of your own making and not grant the set-aside and you have to pay the full amount plus you will be in bother with the DVLA, your insurers etc.

 

RM forwarding costs £15 for 6 months, money well spent.

[ericsbrother]

1) set aside will remmove CCJ, if credit refernce agnecy fail to remove it in good time you can sue them for any loss that you occur by it being present. This means that if you are turned down for a loan at advantageous rates and have to go with one of these usurious lenders they owe you the difference in interest paid.

[ericsbrother]

then apply for set aside and then ask for strike out under CPR16.4 no basis for claim as particulars dont give any cause for action. This may well not be successful but at least you will make then show why they are claiming from you.

As already said, the CCJ will be scrubbed when you are successful, even if it was 5 years afterwards.

[ericsbrother]

why would you want to pay a bunch of thieves money you dont owe? If you do that the CCJ stays anyway. so you will have just wasted your money.

Go and get the N244 done and you will see off both the CCJ and beat these bandits to get your court fee back and a few quid for your troubles.

[ericsbrother]

Why are you here whinging about something that cannot happen or is beyond your control instead of either taking the advice given and researching it further or just paying up.

 

All your reasons for not going for a set-aside are just figments of your imagination. It is a civil court, the judge isnt interested in the technical details of your keeper details as long as you can show that you werent at that address when the court documents were served there you will win part 1.

 

Part 2 is where you have to fight the claim itself and if CEL cant be arsed to supply the correct information to court they lose anyway, if you can show that they are procedurally wrong they lose again. The worst thing that can happen is that they won and you are left in the same boat as you are now but with the CCJ wiped from your records. Even that is a win because that is why you came here in the first place.

 

You cannot wipe off the CCJ without going for set-aside so again you cannot make an out of court arrangment, you are months too late for that. Basically you are stuck with it for the next 6 years and that is whether you pay the order or not. This has been explained twice but you think that wishing things were different will somehow miraculously change them to what you want.

 

If you want help with the parking claim we will be glad to help you but you have to start things off, we cant turn up to court with your cheque book and fill out the form for you. the N244 can be downloeaded, as can most court forms.

 

Again, my apprehension of not going for set-aside is

 

 

1. Failing to notify DVLA of change of address for more than a year while being registered keeper of the vehicle.

 

2. Date of event on claim details I've received from county court is from Feb 2016.

I had moved out of my previous address where CEL might have sent letters etc. in November 2015.

 

 

What grounds do I have if judge asks me why did I have car registered at an address from where I had moved out 3 months back, which caused CEL to send all letters to the address DVLA holds for me.

 

 

Most likely CEL would also know in cases where they win by default is because vehicle was registered at old address and that is a backdoor for them to exploit about negligence of registered keeper of the vehicle.

 

Probably someone from CEL would be looking at this thread and preparing ...

Edited November 28, 2016 by honeybee13
Paras.