Change of Claimant on CCJ- Urgent Help please

System

@jasdeepsg

There should be a hearing on this which you can attend but as a minimum you can supply a Witness Statement. Is there a date yet?

In your WS you will be arguing for the cases to be struck out or as a minimum set aside with any costs or damages arising to be paid by the Claimant

The WS should concentrate on

1. It is clear the Claimant is incorrect in that ZZPS has no standing - something that WH will have to admit in court

2. There are a number of letters about (perhaps someone can donate one) where WH say they are instructed by ZZPS.

3. You then add the bit about the Civil Procedure Rules above to highlight your honestly held belief that ZZPS were [unlawfully] conducting litigation or that the WS supplied by WH was false.

4. Point out that this was not an isolated incident but 11 "isolated" incidents and as such the debt should not be transferred but the whole issue of who is conducting the litigation to be investigated.

Others may want to chip in but when you have a date flag it up.

jasdeepsg

@IamEmanresu

No i don't have a date yet. First thing i need to do according to the letter that i need to send an objection for the change of claimant from ZZPS to Premier Parking within 21 days from 24th January.

Points highlighed above can they be used to form an objection?

Just to highlight again - Default ccj has been registered against me in sept 16 and now WH want to change the claimant from ZZPS to Premier Parking!

jasdeepsg

Just contacted the county court business centre to know where I need to send an objection. However, they can’t see the application on the system from WH for a change of claimant. The person on the phone highlighted that it could be that application is in their backlog. Also they mentioned that if the claimant has requested the name change on the judgement, then district judge will set aside the current judgement and will ask the claimant to file a fresh claim. They recommended me to speak to HA to understand the matter further which of course I don’t want to do without understanding the whole procedure.

Can we trust the county court business services, customer services view on it? This view is different to what it says on the claim form, i.e. I have to object within 21 days in order for the judgement to be set aside otherwise they are requesting the claimant to be changed without any new claims.

Considering the conversation today there could be few scenarios –
1. HA hasn’t applied for the name change yet and they are testing the water by asking that do I have any objection. If I send an objection, they will not apply for the name change? If I don’t send an objection they will use the evidence to apply for the name change without a new claim.


2.A court representative doesn’t know this tact of the law and if I don’t send an objection, then Judge could order changing the name of the claimant without setting aside the old judgement.


3. Count court business centre representative is right and judgement will be set aside without me even sending an objection.

What should I do guys? Should I not reply to HA and wait until the judgement is set aside as per scenario 3? Has anyone had similar experience? Given the situation I am getting more and confused.

Thanks in advance.

System

You wait until you get the court document and object if only to stop the issue being rubber stamped by a judge. You note that in Box 5, they have ticked "without a hearing".

Can't see they have asked for consent so assume this is "without consent"