Judgment for Claimant (Default)

AMTF

Hi,

I have received a Judgment for Claimant (in default) letter today, and need some advice.

The claim is for a parking ticket for my old car, but all the letters were being sent to my old address. I had received one letter to my current address from Gladstone Solicitors, confirming that I was no longer at the old address, which included the letter requesting payment of £160.

I had replied to this requesting certain details regarding the parking fine, but also included my current address in the header. I heard nothing back from them

Now I have this letter requesting £281.71 (£184.71 for debt + interest and £97 for costs).

Can anyone advise me on the next step? I intend on taking action against this as I feel the claim was knowingly sent to my old address.

Thank you,

Alex

Redx

read up on set asides , which will cost you £255 to start with

see post #2 of the NEWBIES FAQ sticky thread too

and read up on other similar cases involving £255 set asides using the forum drop down search box and suitable search words, as this topic comes up every week

[Deleted User]

Hang on. You received one address to your new address from the solicitor with conduct, which elicited a response from you, but they then elected to serve at the old address?

Did your letter say you had moved away too?

This is significant as the court may be obliged to set aside if the claimant has failed to comply with their obligations when it comes to service of proceedings.

AMTF

Johnersh wrote: »

Hang on. You received one address to your new address from the solicitor with conduct, which elicited a response from you, but they then elected to serve at the old address?

Did your letter say you had moved away too?

This is significant as the court may be obliged to set aside if the claimant has failed to comply with their obligations when it comes to service of proceedings.

That is correct, the letter I received says:

"We have previously written to you in the terms attached.

We understand that you may now reside at the above address and as such kindly now request you make payment of the amount set out therein within the next 14 days"

It then goes on to say that the legal proceedings will be served on "the address in the attached Letter Before Claim" if they fail to receive full payment. I have only just noticed this.

In my letter I didn't specifically state I was in the new address, but did have my address within the letter in the sender's section, and also on the "if undelivered" section on the envelope.


I have done some research and the charge for a set aside is £255. What is the difference between paying the set aside, and paying the fee (which is only £30 more)?

KeithP

AMTF wrote: »

I have done some research and the charge for a set aside is £255. What is the difference between paying the set aside, and paying the fee (which is only £30 more)?

Without a setaside, the judgment will be marked as satisfied on the register.
With a setaside the judgment will be removed from the register.

A satisfied judgment may cause credit problems similar to an unpaid judgment and remains on the register for six years.

[Deleted User]

We understand that you may now reside at the above address

Ok, so they have this knowledge. They got a reply from you at that address. I don't think they were entitled to judgment at all. The evidence appears to suggest ACTUAL KNOWLEDGE that your 'last known address' is the one they wrote to, rather than issued court proceedings at.

Read this and the court rules: http://www.civillitigationbrief.com/2014/05/18/service-of-the-claim-form-service-at-last-known-address-more-dangerbepoints-to-watch/

If successful (and I would argue the court must set aside as proceedings were never served at a valid address for service) you should also be asking the court for the £255 back on the basis that the claimant should neither have pressed ahead with proceedings until certain of the position nor sought default judgment for which a prerequisite is valid service.

I would suggest that there has been some sharp practice here, which may also be grounds to seek costs for unreasonable conduct (ie. Your time at litigant in person hourly rates).

Indeed, I would also argue that the claim should be struck out in its entirety as it follows the claim form was not validly served either. If C has a claim it is able to bring they can issue fresh proceedings and there is time enough for them to do that (limitation hasn't passed) but they should not be permitted to use an old address as a vehicle to seek a quick judgment in their favour. The claim served on the wrong address was, in effect, void ab initio.

Coupon-mad

Do exactly as Johnersh says, he is a solicitor and it certainly sounds as if Gladstones have deliberately or negligently filed for a judgment at an old address.

You should alert your MP to this, and Sir Greg Knight MP, who is responsible for the current Private Parking Code of Practice Bill.

DO NOT just contact Gladstones to pay this off. You need to get it removed and push for your £255 back by showing your Judge at your local court, when getting it set aside, the unreasonableness.

AMTF

Hi,

Thank you all for your advice. I am going to apply for a Set Aside. I have the form n244, but I think I need a little help filling it in.

If it helps you, the dates as shown on all the relevent letters were;

14/02/18 - Gladstone letter before claim to old address
16/03/18 - Gladstone Letter before claim to new address
30/03/18 - My response to Gladstone Solicitors requesting additional information relating to the original "debt"
09/04/18 - Date claim responce pack was sent (assertained over phone with court)
04/05/18 - Judgment for Claimant (in default)

Box 3 asks "What order are you asking the court to make and why?" but is that where I put my reason. If so, I have this:

"Set Judgment Aside. I did not receive a Claim Response Pack despite Gladstone Solicitors knowing my new address. I had replied to the letter I received from them stating that they believed I resided at my new address, yet they still sent the claim to my old address."

There is not much room in the box 3. Box 10, "What information will you be relying on, in support of your application?" has a bit more space, and has 3 options:

the attached witness statement
the statement of case
the evidence set out in the box below

Is it worth putting this in the box (and how do I word it?):

CPR 6.9:
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address

I also need to claim back the money I am going to pay for the Set Aside. Will that be done either; (a). automatically by the court, (b). if applied for in the form n244, or (c). at a later date.?


Sorry for the long-winded post, but I need to make sure that the information is correct.

Thank you again for all your help,

Alex

Coupon-mad

Why not look at all the other set aside threads from recent months, where people include a Draft Order, saying no POC were served, and another 5 or 6 points including that 'the matter of costs be reserved' if the Judge decides not to immediately strike the baseless claim out.

IamEmanresu has posted several times with the boxes to tick in a N244.

[Deleted User]

Box on the front

The defendant seeks an order setting aside the judgment in default dated xxx

The defendant was not served with proceedings at his residential address. The claimant was on notice that the defendant had moved. The defendant contends that as service was not effective, the claimant was not entitled to seek judgment in default.

Box on back
Leave blank, but tick the box which refers to the attached witness statement.

Sigh the form in both places.

Witness statement
Prepare a separate statement telling the story, paying particular attention to the for rules for service (and the claimants defective approach) and to the CPR provision for set aside.

You may also like to attach a draft defence as an exhibit to evidence that the case is defensible.

*remember to seek your costs. If the court is with you that proceedings were not served, this is all a consequence (the application + hearing) of their failure to serve on a correct address*

Coupon-mad

Look at the draft orders people file too, and IamEmanresu's post about saying first and foremost that no Particulars of Claim were served.