Unknown CEL CCJ

[Saggi1975]

I checked my credit file a week or so ago as I was about to get a car-loan to discover I now have a CCJ.

 

My previously impeccable credit file (of 999) is now decimated.

The CCJ (after downloading the details from Registry Trust) is linked to my married name (I am now divorced) at an address I left in August 2014.

 

I had a post re-direction for 3 months after I left the address the court have used, and have lived at 3 addresses since then, and have been on the electoral register at all of them (all are the same local authority).

 

I've contacted the court (Northampton Business Services Court) who have said the claimant for the CCJ is Civil Enforcement Ltd dated 15/4/15 and the charges are £256 plus damages with a total figure of £356. This is an unsatisfied amount (obviously). I am still none the wiser as to what I'm supposed to have done here.

 

I google CE Ltd to find they are a PCP so guess this is parking related.

Thing is I haven't ever received a parking fine from this company or any related correspondence.

 

I pay everything on time. EVERYTHING.

I am scrupulous about such things.

I don't ignore any bills etc. EVER.

Which is why my credit score was 999.

 

In between scouring the internet for info on what to do and what all this means, I call the court back to get some more details. There are none.

 

It seems the claimant can do this electronically and provide no evidence?

And sometimes a judge doesn't even see it?!

stuck again and still none the wiser.

 

I call both numbers for CE Ltd .

One is for payment only.

The other is a legal dept where I've left 3 messages on the answer phone and not had a call back yet.

 

The court mentioned that 14 days from the CCJ a Warrant is issued and that hasn't been done yet, even though it was 6 months since the CCJ.

 

How can they issue a warrant if they don't have any contact details for me?

 

This whole process has happened to me, without me even knowing what I've done, and now I might have Bailiffs after me?

 

Surely this can't be right?

 

I'm so worried I don't know what to do next....

[BankFodder]

You need to contact the court and asked them to send you copies of everything they have. Also, inform them in writing that you have only just learned of this judgement against you, that all the documentation has been directed to an address which you left two years ago and that you will be seeking a set-aside and that you would request that any enforcement action be put on hold.

 

Send a similar letter to the claimant. Asked them for everything they have. You probably should also send them an SAR.

 

You say the court has nothing, but they must at least have a copy of the claim form on file. If it has been issued on MoneyClaim – then you should be able to obtain the details, reference number et cetera and access MoneyClaim yourself and get some information.

 

You're quite right about the way these default judgements occur. It is a huge problem for an enormous number of people. There was a recent scurry of interest about this kind of thing in the press – maybe three or four months ago. The estimate was that over 2 million default judgements are obtained every year – many of them in respect of defendants who never found out about the action because the claims were misaddressed – or maybe not even sent out???

[Saggi1975]

It's horrendous. And the court has a much more rigorous process for set aside than for the original CCJ?! How is that right?

 

Thanks very much for this info. I'll do those things now. The court read out to me what was on the claim form and it was essentially charges and interest and the dates. But I'll ask them to send it to me anyway. Doubt I'll have much luck with CE Ltd but I'll have a crack at them too.

 

Thanks again

[BankFodder]

It's horrendous. And the court has a much more rigorous process for set aside than for the original CCJ?! How is that right?

 

 

This is an extremely good point – and it had never occurred to me before.

 

Thank you

[ericsbrother]

that popit is being looked into partly because of th thousands of dodgy CCJ's by default from parking co's.

 

 

They know you had moved but rely on serving papers on address at time of accessing the DVLA database.

 

 

Mostly this access is a breach of the DPA anyway so you should consider your options regarding redress of this in case after you get the CCJ overturned

[dx100uk]

id be more concerned of a real fine coming through your door because you didn't update DVLA or your V5 following a change of address, that can be £1000 if the DVLA catch wind of it.

 

as for CEL, its NOT a fine, its a private parking notice speculative invoice

and they nor the courts have actually done anything wrong.

 

Due to your failure to notify DVLA, you caused the problem sadly.

and all the courts did was rubberstamp the judgement as it went uncontested.

 

you could spend £255 to try and set it aside

but you also need a good defence for the original claim

else it wont be granted

 

 

so id be doing your homework first

where was the car park you got the ticket at?

[Saggi1975]

Thanks for the response dx100uk

- I didn't know I had a parking invoice or whatever, and therefore have no idea where it happened or even if it's genuine.

 

That's a pretty conclusive defence I would say.

CEL have never been in contact with me about this at all

. I literally have no idea what I've done.

 

I'm going to go back to my old house and see if they remember getting any paperwork from CEL and what they did with it.

 

If they sent it back saying 'gone away' thats even more conclusive right?

Guessing the fact that Bailiffs might be on their way round sometime soon might help to jog their memory....

 

And the court said no evidence was provided.

 

I would say that it fundamentally wrong. no photos or details or letters or anything.

all done electronically.

 

The lady from the court read out everything on the papers which was a load of waffle about charges and the parking invoice number (which I have never seen)

 

. I've contacted CEL but not had a response and have now sent them a disclosure of my personal info request.

 

I'm going to send the paperwork to the court today to ask them to set aside the judgement too.

 

On the DVLA question, my details where updated around December 2015

- slap bang in the middle of when they were taking me to court for this invoice thingy.

 

Hoping that goes in my favour and not against me as they obviously didn't update their records at all during that time.

Must be some legal hook in that, maybe?

 

Ericsbrother - what is the DPA breach you mention?

[dx100uk]

I suggest you go read my post again

The reasons you quote are not a defence suitable to set aside

[Oddfellow]

Not knowing that a PCN had been issued, or indeed that a judgment had been made in default, is not a defence.

 

It's a reason why you are applying for a set-aside as you hadn't had the papers,

but in order to get it set aside,

you will have to demonstrate to the court that your defence has a "reasonable prospect of success" when it comes around to the time of the hearing again.

 

Admittedly you can't formulate a defence without the full facts of the alleged claim,

which is why you need to find out what you are supposed to have done.

 

But simply complaining to the court that they followed the correct civil procedures in the face of the evidence presented to them is equivalent to flushing your 255 quid down the toilet.