Need help! Unlawful claim by PE

jasdeepsg

Back in April 2018, my ccj was set aside because of wrong claimant on the previous claim issued in 2016. Then PE sent me a letter saying that they will continue to be the claimant and sent an amended claim form dated 2016. Basically they just changed the name on the claim that was issued in 2016 and did not change anything else. It wasn’t clear from that I have to acknowledge it. From my understanding you have to acknowledge the claim within 28 days from the date of claim. However, date on the claim is 2016.

Now I received a letter from county court that I have to pay PE the amount they claimed because I haven’t acknowledged the claim.

Need your help to understand my options.

Thanks.
PS: how do I share the copy of the claim?

waamo

Is this a judgment in default?

jasdeepsg

Yes, as I haven’t acknowledged within 14 days of service which is 5 days after the issue date. However, issue date on the claim is 2016.

waamo

I fear you face an uphill struggle. To get a set aside will cost £255. There is no guarantee it will be granted. In fact getting a set aside will be difficult.

You are going to have to convince a judge that the instructions were so unclear as to mislead you. Not only that you are more than likely going to have to show you have a winnable defence against PE. Having not seen your defence I can't comment on it.

Lose and that's £255 gone.

You have a few options. If you can live with a ccj then it might be worth seeing if they enforce it. PE don't seem to currently, although this could change.

If you pay it promptly the ccj is removed and your credit file remains clean.

Finally you can chance attempting a set aside which, as pointed out, could be costly.

Without knowing your individual circumstances I can't tell you what to do but that gives you an idea.

jasdeepsg

Thanks for the reply.

The claim issued to me has guidance and in guidance it clearly says i have to reply within 14 days of the service which 5 days after the issue date on the claim.

Issue date on the claim is 2016.

I still don’t have any chance to get this set aside?

This seems very unfair.

Umkomaas

Issue date on the claim is 2016.

Has this date just been blindly transfered from the old claim across to the new one?

If so, telephone the Northampton CCBC and ask their advice. It can take ages for them to answer the phone, so be patient.

The_Slithy_Tove

Umkomaas wrote: »

Has this date just been blindly transfered from the old claim across to the new one?

If so, telephone the Northampton CCBC and ask their advice. It can take ages for them to answer the phone, so be patient.

And post up everything you have now been sent, suitably redacted, but leaving all dates in place.

jasdeepsg

Hi, yes they have just changed the name of the claimant but didn’t change the date.

I have called CCBC and they said they can’t do anything I have to pay £255 to get it set aside and judge will decide, it can take 4 -6 weeks for it be presented to judge. If I don’t pay it by 31st of aug judgement will be entered in my credit file regardless of I have applied it to be set aside.

jasdeepsg

hps://ibb.co/nvkAJz
hps://ibb.co/kmyKBK
hps://ibb.co/i47CWK

Please add tt after each h to view the image

nosferatu1001

Well you can pay the judgement NOW, and STILL APPLY FOR A SET ASIDE
This is the most pragmatic route, in case you dont get the set aside granted.

https://ibb.co/nvkAJz
https://ibb.co/kmyKBK
https://ibb.co/i47CWK

nosferatu1001

No idea why you kept sayINg "PE"

This is CLEARLY Premier park.

What did your CCJ SET ASIDE ORDER state, back in 2016?
Give us the EXACT ORDER, no ifs or buts, show us the Order.

This Order will have said what they need to do.