Gladstone Solicitors/ Civil Enforcement LTD - CCJs at old address

CBoogie

Thank you all for your help! Will keep you updated about what happens next.

CBoogie

Would it be cheeky to ask the ICO for compensation against GS or do I need to do this in court as they have clearly acted unlawfully?

If it does need to be a court only matter, would I need to out this in writing before the hearing? As I've only included the court fee reimbursement.

Castle

CBoogie wrote: »

Would it be cheeky to ask the ICO for compensation against GS or do I need to do this in court as they have clearly acted unlawfully?

If it does need to be a court only matter, would I need to out this in writing before the hearing? As I've only included the court fee reimbursement.

1) The ICO can't award compensation, only the courts.
2) You can issue a separate claim at a later date once you've heard back from the ICO.

CBoogie

so ive finally received a court date (beginning of March), I've had a look on the newbies forum but cannot (maybe im not looking properly?) find much on preparing for court... is there anything I need to do specifically in preparation for this?

Coupon-mad

Search the NEWBIES thread for WITNESS STATEMENT (control & f on a PC keyboard).

And separately use the 'search this forum' dropdown (on the right of page one above the threads, level with the 'new thread' button on the left) and put in these keywords:

another one bites the dust

...to read all the successful winning court reports, where people's pre-hearing preparation and WS/evidence discussions will also by show higher up their thread.

CBoogie

Thank you coupon-mad. CEL CCJ set aside is on friday and had CEL call up asking to settle which I found very cheeky!! /in the nicest way possible I told them to do one.

Im now making an application for costs and have followed SPPC42's application for costs and also LoC's application for costs

https://forums.moneysavingexpert.com/showthread.php?t=5856400&page=4#topofpage

Im wondering....
1) would i be allowed to present this at the set-aside hearing or would I have to wait to get the defence paperwork the post
2) would I be able to include law from the DPA and GDPR regarding misuse of my details to get compensation as the CEL rep admitted they only checked for my details once at the beginning of oct 16 when I moved address mid sept and had updated my details accordingly in reasonable time as the ccj wasnt registered to my old address until july of the following year.

/i know /i can for GS as they sent me a letter last year advising they had been sending letters to me previous address and then attached that also a LBC with my current address on then proceeded to still send all paperwork to my previous address and sometime in nov 18 after issuing the CCJ at the old address, send me another letter to my current address advising me they had 'updated my details to my current address'. So Im hoping to score big on that.

As this is a set aside I dont want to go with too much information that the judge may dismiss but I also want to make sure I do get some money out of this as this has been a nightmare and has effectively cost me a LOT of job opportunities.

TIA!x

nosferatu1001

Why are you making an application for costs? You dont apply for this, you will talk about it at hearing. if its a costs scheudle then you really should put it in as a schedule

1) you can certainly try to talk about costs. Certainly you should argue that your £255 should be paid back and if you have the 6 points draft order, then it should be

Did you submit your defence, WS and Draft order, alongside the N244, to CEL AS EWLL as to the court? You have to send to both.

Not sure what you mean by "wait to get the defence paperwork the post" - if youre talking about sending a defence in, you should already have done so. its not taken on the day.

2) No. You would need to lodge a seperate claim to do this.

You could send them a LBA when you point out
1) on x date you moved
2) On y date you told them you had moved and this was your new address for service...
3) on z date, A time after Y, they issued a claim despite KNOWING this was an old address. It does not matter if this was a mistake or deliberate
4) As a reuslt of them unlawfully filing a claim against an address they knew to not be a good address, the CCJ has cost you X, Y, Z job, distress and was in itself evoidnece of a breach of the DPA2018

As such you claim the following:
1) Compensation for lost jobs etc (careful, you have to prove you would have had a chance at the jhob, some sort of loss etc)
2) distress and damage as a reuslt of the data misuse.

CBoogie

Yes I meant a costs schedule, apologies.

I did send both.

I havent submitted a defence yet as it is a set aside hearing so I wasn't sure if I needed this as I thought a defence argument was only sent once the judge has granted the set aside. I have sent in the witness statement, n244 and 6 point draft order.

So in short, the costs schedule I can bring up in court tomorrow however the DPA breech I cannot and would need to lodge a separate claim after sending a LBA to them?

Coupon-mad

Yes that's right, ask for your costs to be ordered to be refunded by the rogue claimant, or at the least, reserved, until either they discontinue or a full hearing occurs.

Take all your proof that you were not properly served this claim.
But also go knowing what your bones of defence will be, as the Judge will need to be satisfied you have prospects of success.

CBoogie

So just an update, I got the set aside. CEL had claimed to send the court papers to my recent house and judge was confused as she said thats the address they had put on their response form. I had to politely remind the judge that if I had received the paperwork I wouldn't be here for a set aside, and that why did they register the CCJ in the old address, if they had sent paperwork to the new address. Nevertheless, she reserved costs and is giving CEL the 8th to respond so lets just see how things go. As I don't know where the charge is for CEL would it still be helpful to write a defence out now? or wait until I potentially receive a claim form?