Is it too late?

whitepatch

Redx wrote: »

the SAR requires 30 days, has been the case for over 6 months since the GDPR came intoi force and you got all those letters and emails and notifications about it (we all did)

read the coupon-mad thread called GDPR 2018 FIGHTBACK, its all in that thread

you want the claim or CCJ numbers for each and every CCJ on file, so you should have all of these numbers if there are more than one

Okay, thank you, I will do.

So is the CCJ number enough, or do I still need the claim number to file the set aside paperwork??

In my SAR email, shall I put my updated home address??

KeithP

whitepatch wrote: »

In my SAR email, shall I put my updated home address??

No, do not do that.

Use your other half's updated address.

You must start using the right phrases.

Of course these might be the same, but everything needs to be done in the name of your other half.

Of course you can write letters, emails, etc., but everything must be in his name.

whitepatch

KeithP wrote: »

No, do not do that.

Use your other half's updated address.

You must start using the right phrases.

Of course these might be the same, but everything needs to be done in the name of your other half.

Of course you can write letters, emails, etc., but everything must be in his name.

I do mean that! I am writing for him. Okay I shall put his updated home address. I have typed up am email to send them. Then I shall double check the car parking company tomorrow but I am sure it's uk-cpm

whitepatch

KeithP wrote: »

No, do not do that.

Use your other half's updated address.

You must start using the right phrases.

Of course these might be the same, but everything needs to be done in the name of your other half.

Of course you can write letters, emails, etc., but everything must be in his name.

I do mean that! I am writing for him. Okay I shall put his updated home address. I have typed up am email to send them. Then I shall double check the car parking company tomorrow but I am sure it's uk-cpm

Redx

it probably is those sc@mmers UK CPM


include the CCJ ref, the VRM details at the time, his updated address (and maybe the old address too , and add the CCJ ref, you want all docs, references , pics , signage , contracts, NTK,s , everything they have on your hubby

and its all done from HIM, to them , even if you are doing the donkey work , never refer to yourself as its not about you at all

find and read that GDPR thread tonight, and read it , thoroughly

whitepatch

Coupon-mad wrote: »

No, that's what causes every set aside case we see! Sort it now so the WS can say it was changed in good faith as soon as the issue came to light, and there was no attempt to avoid any debt because the DVLA had been informed of the new address for driving licence records and the keeper believed that form to the DVLA, also updated the V5C for his car.

No, not at all. In fact each WS should also state that it is wholly unreasonable that the claimant appears to have filed two claims for matters of essentially the same facts, and that you ask for ONE hearing to set aside both CCJs and that the Claimant be required to explain why two claims were filed, which not only wastes the court's resources but has cost an extra £255 court fee to set aside two claims, when they should have been heard as one matter all along (ref: Johnson v Gore Wood & Co).

Include BOTH claim numbers in your OH's WS where he talks about getting two CCJs, and ask specifically in the DRAFT ORDER for both claims to be merged.

In your case, the Draft Order will be a SEVEN point one!

Okay so i have taken your points on board here and have started a Draft Order for both CCJ's. I have no idea if it correct but if you could have a look. I have copied points 1 to 6 and added a 7th.....................

DRAFT ORDER

IN THE COUNTY COURT AT: xxxxxx

XXXXX (Claimant)

And

MR ********************* (Defendant)

CLAIM No:**********

IT IS ORDERED that:

1. The default judgement dated XX/XX/2018 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

7. The Draft Order for Claim number *********** be merged with Claim number ************, with one hearing to set aside both claims.

Coupon-mad

1. The default judgement dated XX/XX/2018 be set aside along with the other default judgment dated xx/xx/xx which is the subject of a concurrent set aside application (see point #7 below).

Maybe add the above.

Also you will need a witness statement like in the other threads, and both are then attached to the N244 and fee, for each application.

No defence or evidence is attached - that gets taken along on the day of the set aside hearing.

On the N244 make sure he notes any days or weeks that he CANNOT attend a court hearing to set these aside.

And your OH needs to read that second thread link I gave, which shows him what the Judge will want to hear from him, to be satisfied enough to set these aside. And he can ask for his costs to be reserved, and/or see if the Judge will at least order that the duplicated £255 be ordered to be paid by the Claimant, as they are at fault for abusing the court process and splitting alleged debts with duplicate facts, across two claims.

whitepatch

Coupon-mad wrote: »

Maybe add the above.

Also you will need a witness statement like in the other threads, and both are then attached to the N244 and fee, for each application.

No defence or evidence is attached - that gets taken along on the day of the set aside hearing.

On the N244 make sure he notes any days or weeks that he CANNOT attend a court hearing to set these aside.

And your OH needs to read that second thread link I gave, which shows him what the Judge will want to hear from him, to be satisfied enough to set these aside. And he can ask for his costs to be reserved, and/or see if the Judge will at least order that the duplicated £255 be ordered to be paid by the Claimant, as they are at fault for abusing the court process and splitting alleged debts with duplicate facts, across two claims.

Thank you, i have added that to point 1.

I shall get him to study that thread, i shall be quizzing him too!!

I am now working on the WS.

I am trying to base it around the one on the link you sent. I am also wondering whether some of the points even apply to mine! i may have a few questions!

whitepatch

Hi, so I have been to where i used to live and took lots of photos. I am sure I have some old photos of the signs too I will have to dig them out.
It is UK car park limited.

I spoke to my other half and he said he may have ignored some letters. Will this make getting the cases set aside harder?

nosferatu1001

If by "some letters" he ignored the county court claim form, then yes

Youre trying to persuade the court to waste time on you when as far as teyre concerned youve ignored them. If you havent ignored them then that definitely helps matters.