Gladstone ‘Letter Before Claim’

noobie247

I cannot get a copy of the electoral roll register today, I have a screenshot of it on my credit report saying I am registered and also a screenshot of my local council where I have been paying council tax since 30th September 2016, would this be sufficient?

noobie247

noobie247 wrote: »

Thanks, this was the template that I had found yesterday while searching.

I have filled it out but have the following queries:

What dates do I put in 3 and 4? The CCJ was issued on 06/07/2018 if this helps

Where do I mention the extra costs including mileage, parking and 5 hours etc? Is this included on a seperate sheet? I see it is mentioned in section 5 but there isn't a final tally.

I read on another thread about including a cost statement?

Can someone please confirm and also let me know what I can include in this.

I will be posting the following at 2-3pm today, so if I have forgotten anything then can someone please let me know.

N244 form
Draft Order
Council Tax proof of payment, showing date and address
Experian print out showing electoral roll
Letters sent to Gladstones
Cost statement

noobie247

I will also send a witness statement as follows:

Witness statement.

I the Defendant understand that the Claimant obtained a Default Judgment against me as the Defendant in case number XXX. However, this claim form has not been served at my current address and I as the Defendant was not aware of the Default Judgment until doing a routine check on my credit file on Experian. I understand that this Claim was served at an OLD ADDRESS (XXXX.) However, I moved to a new address in September 2016 (Current address) In support of this I can provide confirmation from XXX Borough Council showing my updated details and the date I moved into the new address which is 2 years prior to the judgment.


I the defendant promptly contacted Northampton County Court Business Centre on 23rd July 2018 to find out details of the Default Judgment. The representative informed me of the judgment and that it was for a parking charge notice for a vehicle registration mark XXX of which I was the registered keeper at that time.

According to publicly available information my circumstances are far from being unique. The industrys persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister the Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers- who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.


Considering the above I was unable to defend this claim. I thus believe that the Default Judgment against me was issued incorrectly and should be set aside.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

NAME

SIGNED

noobie247

A few changes made to the above after reading through it a fair few times!

Documents sent, now fingers crossed.

Thanks for your help everyone, will be back to let you know of the result.

noobie247

Afternoon all,

An interesting letter was received today (via email) from Gladstones, and it says the following:

"Further to the above matter, we can confirm that the data in this matter has been reviewed and confirm we have carried out the rectifications to the following information

Data Item - Current Home Address
Rectification Information - Updated on our systems
Date Rectified - 17/08/18

We trust this is satisfactory, however do not hesitate to contact us if you have any queries"

What are they trying to do here? Will they now raise another CCJ to my current address?

I can post a picture of the letter if it would be easier for anyone..

Thanks

nosferatu1001

Stop calling it a blooody CCJ!

Its just a CLAIM. NOT a judgement, whcih is what the J stands for.

They cannot raiser a new claim about the same facts

Coupon-mad

They are simply paying lip service to the GDPR to say they've updated their system.

noobie247

nosferatu1001 wrote: »

Stop calling it a blooody CCJ!

Its just a CLAIM. NOT a judgement, whcih is what the J stands for.

They cannot raiser a new claim about the same facts

At this moment in time it is still on my record as a CCJ, and will do until the hearing and potential outcome..?

noobie247

Coupon-mad wrote: »

They are simply paying lip service to the GDPR to say they've updated their system.

Ok thanks for clarifying.

noobie247

Interesting letter received today. Links below:

http://i65.tinypic.com/2nhhuyp.jpg
http://i65.tinypic.com/1z2nng3.jpg

They are proposing to set it aside (although I have already obviously done this and paid the fee), but what do they mean by points 2, 3 and 4?

Any other thoughts on what they say? Most of it goes straight over my head to be perfectly honest..