How is it legal for a debt recovery agency to take someone back to court for an outstanding balance without notification? | Lawhive - Solicitors & Lawyers Online
How is it legal for a debt recovery agency to take someone back to court for an outstanding balance without notification?
3 years ago, in my absence I was prosecuted and received a CCJ for a parking fine I wasn't aware of. When I realised via my credit report I paid the fine immediately. £160 fine, direct to a debt recovery firm, over the phone for what I believed was the full amount. They made out the debt was settled and I continued with my life. However, 3 years later I have received another CCJ for the same parking fine. It turns out that the fine was actually £180. The debt recovery agency took me back to court in my absence and I was prosecuted for the remaining balance. I was never notified of an outstanding balance in any way. They now want £144 from me. How is this fair or legal, what can I do? It feels like a blatant scam. Edit: I live in England. The reason for failure to pay the first time was that I moved address, and for a short while (few weeks) didn't change my cars registered address as I was moving to a new house shortly after the initial move.

Cheryl Hardcastle

11th September 2021

+588

591 upvotes

Top Answer
Is there a reason you didn't get the paperwork from the county court for the second ccj? If the PPC sent the county court paperwork to a three year old address without doing any checks whether the address was up to date you could apply to have the CCJ set aside which would take it back to the hearing for the outstanding amount (which would be what...£20? Where is the other £124 coming from?) It sounds like a default judgement given you don't seem to know anything about it, which means no one looked at it, it was just awarded to the claimant when you didn't respond.

Christopher Hodges

18th January 2022

+161

164 upvotes

Trust me when I say there is SO much fraud happening this year, fight them and they will drop it. Companies are desperate at the moment and really trying their luck

Michael Koopmans

18th January 2022

+53

56 upvotes

Did you ever receive confirmation from the company that your outstanding payment was £160.00? Or any confirmation from them that the bill was settled? The £144.00 will probably include the extra £20.00, the issue fee for the proceedings and interest from the date the payment was due. If you can prove that the CCJ was incorrectly obtained then you can put the pressure on them to remove the CCJ instead of having to deal with the matter yourself.

Scott Pitcher

18th January 2022

2 upvotes

I own a parking company. Contact the company you paid and get confirmation of the account value and how much you paid (unless you already have that information). Contact the courts requesting it be set aside as it’s been paid in full, and provide your evidence. Alternatively, if you 100% have the evidence defend the claim with your evidence and put a counterclaim in for any amount you want for distress (£500 is a good all around amount). Any questions please ask.

Ruth Hammer

18th January 2022

+54

57 upvotes

You can apply to the court to have the 2nd ccj set aside on the grounds you were not notified of the action, assuming they had your correct address. They would have to resubmit the paperwork and you can answer the claim accordingly.

Jon Buchanan

18th January 2022

+6

9 upvotes

A set aside costs £255 it is cheaper though depending on financial circumstances. Overall its up to you to.make the decision which way younwant to go.

Gordon Mclaughlin

18th January 2022

1 upvote

I would firstly tell them to communicate through email, refuse any telephone calls. Then ask for a breakdown of the cost they are requesting. Ask for a letter from the original person telling you that you have to deal with this new bailiffs. Give them 28 days to reply with your request or you will presume that it is not your debt. Never confirm or give your details to them, you don't know who they are. Also ask for copies of all the information they have on you under the freedom of information act. Also tell them that once you are satisfied with the information received from them, you will gladly talk to them. Also because you are in dispute with the debt, any ccj can be stopped until dispute is resolved. I hope this helps. I have done this to 10 bailiffs for friends and family. The bailiffs always give up because of the added work I have given them. Good luck

Thomas Meza

18th January 2022

+5

8 upvotes

Hope you get it sorted. Also NAL at all, but maybe redirecting any post from your previous address to your new one might be an idea.

Joan Baker

18th January 2022

1 upvote

If they obtained a CCJ for the first amount, then that is the amount they are entitled to claim. They can’t come back to claim more at a later date. If they got it wrong and missed something off, provided they could have brought the claim for the correct figure at that point, (which is almost certainly the case) you have a complete defence to the second action. Invite them to agree to set judgment aside and discontinue the claim - get them to pay the court fee. If they refuse, apply to court yourself and seek the costs of the application back from the claimant.

Lori Mooneyham

18th January 2022

+1

4 upvotes

Go to court ask to do a stat dec ( statutory declaration) so you can have your day in court, ask for the phone record of when you paid your fine

Dennis Bruce

18th January 2022

1 upvote

If you're on fb there are many groups that help with this sort of thing. Search for parking charge notice on fb. They can help you and also help with drafting letters as well. Also citizens advice are really helpful as well.

Stephen Cushenberry

18th January 2022