Gladstones / Euro Car Parks / CCJ / Wrong Address

[Deleted User]

Ok, so this is how a set aside works.

1. If proceedings have been validly served (the claimant is entitled to rely on the argument that they sent docs to your last known address) you must show that (a) you acted promptly (b) the case is defensible (c) that the prospects of the defence succeeding are more than false fanciful or imaginary. This is not a massive threshold - it means exactly that, an argument (not necessarily a really good one).

That is why I recommend a defence is done in draft and generally, I'd recommend attaching it to the application so the judge has a copy in advance. In principle, as it's only a draft, you can fine tune it later. However, some judges will admit it instantly, so it makes sense to get it as good as you can.

Do you know when court proceedings were started against you?

2. If you moved in 2014 and they only started the claim in 2017 undertaking no checks on the address, your primary argument should be that they failed to serve. That the CCJ has come about is a lack of due diligence from the claimant and it's not the case the proceedings were or would have been ignored. If you look at the relevant court rules (and I suggest you do) then the court must set aside.

Finally !!!!!! - remember to ask for your costs. A great result will be to get something there and then. Prepare a costs schedule if you can. A common result is costs reserved, where the costs are rolled forward to the trial and dealt with all together.

theblackfox

Johnersh wrote: »

Ok, so this is how a set aside works.

Do you know when court proceedings were started against you?

I don't, all I know is that the CCJ was filed in February last year.

Johnersh wrote: »

Finally !!!!!! - remember to ask for your costs. A great result will be to get something there and then. Prepare a costs schedule if you can. A common result is costs reserved, where the costs are rolled forward to the trial and dealt with all together.

I will do, i'll be putting a document together to take along with me to court with my draft defence.

theblackfox

So the hearing is tomorrow morning! Have all my paperwork printed to take with me.

I've still not received a single thing from Gladstones, will they even send anything to me?

Hopefully, I can report back tomorrow with a win update!

twhitehousescat

they will probably take the *ith out of the court system by (as usual) not bothering to show up


remember to show your annoyance at this , and state all the time you have wasted

nosferatu1001

Have yo ulet the court know you still have nothing? do they have anything?
CALL and check with the court
You want this recorded that they have not complied with the court order.

theblackfox

Just phoned and the court has confirmed the claimant submitted documents on 29th November to which I replied I have not received them, the lady told me I should have been served them and that I will just have to tell the judge that tomorrow.

Is this a good thing or a bad thing? It's made me worry a bit now.

twhitehousescat

urgent , get the court to email you there copy


edit: probably posted to your old address , can you contact?

theblackfox

I phoned again and they are unable to send a copy to me now because the department closes where they take the fee required to do so. (She said because they are printed documents submitted not in digital format)

She advised me to send an email stating I've not received the documents which will be attached to the case file.

I am now stressing my head off.

twhitehousescat

you will go to the court early tommorrow and get copies to read before court

you will at the case ask , if they turn up what address they were sent to and ask for the set to be faxed over

theblackfox

Ok i'll make sure I am there nice and early to review the documents, I assume they just give me a file and I don't need to request any documents?

In the hearing can I request them to email it me as I don't have a fax machine?

Surely it will look bad on them if I have not received a copy as it's the same reason why I am here in the first place, sending documents to the wrong address.