Can I get a CCJ set aside?

The_Deep

There is also the question of the dosh. Even if they won the original claim in front of a judge they would have been unlikely to have been awarded more than £200, the PPC therefore appear to be asking for more than they are entitled to.

The PPC appears to have acted unreasonably here. Surely it is worth asking for CPR27.14(2)(g) costs.

Quentin

Daftytaffy wrote: »

My wife found the CCJ in May which was registered in April......

But according to your OP:

Daftytaffy wrote: »

My wife has just found out that she has a CCJ for PCN that was issued by Excel .....

????

The_Deep

Those statements are not mutually exclusive Quentin. You are affirming a disjunct.

https://en.wikipedia.org/wiki/Affirming_a_disjunct

Coupon-mad

Daftytaffy wrote: »

My wife found the CCJ in May which was registered in April. She called the county court first, they didn't have the reference number or any of the details.

She was then informed to contact BW legal to get all the details - they advised that they will send all the paperwork.

She cant recall who told her it was on hold but Im guessing this would have been bw legal and not the courts.

The CCJ is not on hold.

BW Legal simply told her the 'case' (enforcement of the CCJ) is 'on hold'. That does not affect the CCJ!

This is more than likely going to be declined now

No, highly unlikely, as Johnersh explains:

I don't think valid service has ever been affected. If that is correct, the issue of delay is not critical. That is because the court Must (imperative) set aside the claim. Read from para 35 onwards here:
http://www.civillitigationbrief.com/2015/12/08/when-the-court-fails-to-serve-an-irregular-judgment-must-be-set-aside/

Daftytaffy

We didn't say that she lived here it was the address we used when we requested an appeal online as this was my address. We then actually moved in together at a separate address in November 2012 which was a couple of months after.

[Deleted User]

Ok, so the only valid service address was where the defendant actually lived or the last known address (the DVLA address) provided that the passage of time does not call into doubt the reliability of that address.

What the case law does make quite clear is that the mere existence of correspondence from an address does not mean C can rely on it for service.

Indeed there is case law that if D has never lived at an address it is not good service. Read paras 50 to 72 of Marshall Rankine v Maggs esp para 68. Read it fully and with care.

(Based on your evidence you lived at the address the claim form was sent to, but were not living together there with D at the relevant time)

Basically the argument becomes no service = no legal entitlement of C to ask the court for a judgment so there cannot and should not be a CCJ

Daftytaffy

thats great. We are going to request a set aside.

Daftytaffy

do I asked BW for CPR27.14(2)(g) costs.?

[Deleted User]

It's unlikely that you'll get unreasonable costs in my view - because they pursued the o/p at an address that there had previously been correspondence from. It's an easy error for the careless - nonetheless an important defect. You should, however, expect to receiver your application fee and costs of attending the hearing.

NOTE: because the claim form wasn't served, it's not just the case that the CCJ must be set aside but that the proceedings were void ab initio - they were never served in time.

If the court finds that the proceedings were not validly served, since they were issued and it is now more than 4 months since that step, then proceedings cannot simply be resurrected. The claimant would have to issue brand new proceedings. That is, of course, not your problem. You should make that argument at the hearing.

Do make sure all of the correspondence and the case law is before the court in your bundle.

Daftytaffy

Sorry what do you mean by make sure all of the correspondence and the case law is before the court in your bundle?