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Notice of Debt recovery - CCJ
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Author:  BladeS1 [ Tue Feb 07, 2023 10:41 pm ]
Post subject:  Notice of Debt recovery - CCJ

Hi,

After some help please my brother has received a notice of unpaid debt - unpaid CCJ £185 date of letter 27/01/23.

Date of CCJ: 29/04/2019
Client: elms legal limited

He’s received a letter from DCBL (the company from tv) to say he owes above we rang the client straight away and they’ve said it’s for stopping at Doncaster airport explained well he’s a taxi.l but can see others received ticket for stopping for 18 secs. Problem is he’s not received any of the letters before this one the lady said we’ve got a different address to what he quoted. He wasn’t even aware he had a CCJ from 2019!! The last said I’ll put your case on hold and send you the evidence.

He moved into his new address in 2016 so he doesn’t know how they’ve been sending letters to his previous address if the offence was in 2019!!

Need to ring County Court Business Centre to check what address they have assume it’s going to be previous one as would have passed to me any one to his current address.

Think the onus is on him to prove he updated his address with DVLA but hes had 2 taxis since then as moved to private hire.but I’m sure he got a FPN from the police at his current address.

Is it worth going to court to get the CCJ cancelled believe it costs £275 or is it too late ?

Thanks

Nikki

Author:  Sussex [ Wed Feb 08, 2023 7:41 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

I'm not sure 100% how this pans out in the Civil Courts, and forums like http://forums.pepipoo.com/ and https://forums.moneysavingexpert.com/ca ... es-parking might offer good advice.

In a Criminal Court i.e. speeding fine, a similar case would be dealt with via the 'Statutory Declaration' process, where an individual goes to court to swear under oath that they hadn't received any information via the post. It's not an uncommon event.

Providing the applicant informs the court within 21 days of being made aware of the fine/CCJs/points etc the court will hear the application, although under certain circumstances the court will agree to an extension. If agreed by the court this declaration will cancel any fine/CCJs/points etc and will restart the process from the beginning.

Moving home is the usual reason why people don't get the info, but the court may well ask if the applicant informed the DVLA in good time, as we all should when we move, as CCJs like the one you describe have arisen via info gained from the DVLA.

Author:  Sussex [ Wed Feb 08, 2023 7:45 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

Quote:
Is it worth going to court to get the CCJ cancelled believe it costs £275 or is it too late ?

That's really a matter for you. For me, I would find that money well spent.

If he has been issued with a CCJ he had no knowledge of, through no fault of his own, then go for it.

But bear in mind the bit I wrote in the previous post, even if cancelled it will only go back to the beginning. So he will still have the issue of dealing with the alleged breach of the parking restrictions. Although he could pay any charge and not have a CCJ.

Author:  wannabeeahack [ Sun Feb 12, 2023 10:41 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

I got a Parking Eye notice for stopping in a "drop off zone" at a hospital beyond the 20 minutes except it was actually a taxi waiting zone with no stated limits, it was the 3rd id had, 2 were written off when i explained i was a taxi, the 3rd was chased by 3 DCA's, the last was DCBL who gave me 30 days to pay ---- 18 months ago

Parking eye have deleted it off the system

Author:  BladeS1 [ Tue Feb 14, 2023 9:19 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

Hi,

So the client has sent me the proof of taxi stopped at Doncaster airport original fine as £60 they’ve sent me all copies of the letters all states my previous address from 2016. I informed DVLA of house move so I don’t understand how they’ve got my old address does state that if I pay the fine they will apply to court to have CCJ removed if that’s the case then I’ll pay rather than the added stress of applying to court.

Thanks

Nikki

Author:  Sussex [ Tue Feb 14, 2023 9:37 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

Quote:
that if I pay the fine they will apply to court to have CCJ removed if that’s the case then I’ll pay rather than the added stress of applying to court

Sounds like a sensible solution for all.

Author:  BladeS1 [ Sun Feb 19, 2023 4:52 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

Hi,

So it transpires the removal of CCJ would only happen if payment was made 28 days after judgment back in 2019 given I didn’t receive any correspondence it’s n/a now

Thanks
Nikki

Author:  wannabeeahack [ Fri Feb 24, 2023 5:49 pm ]
Post subject:  Re: Notice of Debt recovery - CCJ

BladeS1 wrote:
Hi,

So it transpires the removal of CCJ would only happen if payment was made 28 days after judgment back in 2019 given I didn’t receive any correspondence it’s n/a now

Thanks
Nikki


is the CCJ on your credit file?

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