Debt recovery letter

[wjwren]

Daughter broke down in a no stopping zone startof the year. I emailed the company to advise and showed them receipt from garage replacing clutch. We now have this. Advise please? Ccj apparently issued.

[matchmaker]

For there to be a CCJ she must have had previous correspondence.

[randlemarcus]

Ask your daughter for the pile of letters she ignored, and take it from there? If there genuinely are no letters, see if the CCJ is real (any of the clearscore type apps to check her credit record), talk to the court, and look at applying to have it set aside. Quick call to the original fining authority to see what on earth is going on. Do not contact, or pay the bailiffs before you have enough information to make a sensible decision. Do it quickly, as you have a 28 day window to pay before its on her credit file for the next 6 years.

[Simpo Two]

When I was awarded a CCJ against a non-paying customer they appealed, claiming 'I didn't get the letter' and the judgement was set aside - so there must be an appeals process within a certain time limit. (Note: I got them eventually!)

As said, CCJs don't just happen; somebody's been ignoring letters I think, or living at another address.

[Victory_RS]

randlemarcus said:

Ask your daughter for the pile of letters she ignored, and take it from there? If there genuinely are no letters, see if the CCJ is real (any of the clearscore type apps to check her credit record), talk to the court, and look at applying to have it set aside. Quick call to the original fining authority to see what on earth is going on. Do not contact, or pay the bailiffs before you have enough information to make a sensible decision. Do it quickly, as you have a 28 day window to pay before its on her credit file for the next 6 years.

A few questions, who was the issuing party/authority? DCBL are well known for pursuing private parking tickets.

If there is a CCJ, letters will have been issued and notice - Letter Before Claim in accordance with Pre Action Protocol?

The only time I have seen these as a shock is if the car or the keeper has moved and the vehicle info was not updated, however debt collectors will perform searches to locate a current address for chasing these debts. Has this happened?


If more than 30 days (I assume has passed) she cannot pay and ask for it to be set aside and NOT registered on her credit file.

She may be able to pay and appeal for it to be set aside.


She needs to act now as this will impact credit and carry out a check ASAP.

Edited by Victory_RS on Monday 18th September 11:05

[agtlaw]

wjwren said:

Daughter broke down in a no stopping zone startof the year. I emailed the company to advise and showed them receipt from garage replacing clutch. We now have this. Advise please? Ccj apparently issued.

Not enough info to properly advise. I assume a default judgment.

If a default judgment is paid within one month then the CCJ will not be entered on the Register of Default Judgments. You may wish to consider doing that immediately. Contact the court, the debtee and their agent to confirm payment. You should contact all three.

Note that the fee to apply to set aside a default judgment is £275.

Edited by agtlaw on Monday 18th September 11:49

[agtlaw]

Zeeky said:

Contact creditor, not debtor.

Typo corrected. Fanks.

[Chrisgr31]

I am going to guess this didn’t happen on the public highway?

[Welcome.]

Yep, from my experience, previous letters ignored, because F.O.T.L I suspect.

Looks like we could get to see you on the TV if you don't pay!

[KungFuPanda]

Just get it paid asap and give your daughter a bking.

You could of course make an application to set aside judgment but that would cost nearly the same and you might not have any
Prospests of successfully defending it once it was set aside.

[Driver101]

Welcome. said:

Looks like we could get to see you on the TV if you don't pay!

That part on the letter does feel like an effort to add extra pressure into paying.

[mgtony]

Perhaps she's just been listening to your advice on how to deal with all the previous correspondences from them.

wjwren said:

DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.