Is it too late?

nosferatu1001

You said "at some point" - it wasnt clear when this was, or what relebvance it had. Be more prevcise as we can't mind read!

Pretty sure the DVLA has never responded about using tracing services, as thatsa courts matter.

Do you want one set aside hearing, or one single CLAIM in total? I would suggest the latter, as you have to pay three times for the set asides, as you have three judgements.

Your numbering cannot flow over between documents. The WS is a NEW document so numbering starts at 1. Ditto the Defence.

I wouldnt sya you CAN provide. PROVIDE the damned documents, referenced within the WS. Then the court has them. State you were "there to be found" and the claimant knew, or should have known, their address for service was not current. In support of this contention you can show that.. .knew on ... which was ... days before filing the claim that your current address was ... yet they still filed against the old address.

I would add a new point - the claimant FALSELY signed a statement of truth, as they knew the addres for service was incorrect.

whitepatch

nosferatu1001 wrote: »

You said "at some point" - it wasnt clear when this was, or what relebvance it had. Be more prevcise as we can't mind read!

Pretty sure the DVLA has never responded about using tracing services, as thatsa courts matter.

Do you want one set aside hearing, or one single CLAIM in total? I would suggest the latter, as you have to pay three times for the set asides, as you have three judgements.

Your numbering cannot flow over between documents. The WS is a NEW document so numbering starts at 1. Ditto the Defence.

I wouldnt sya you CAN provide. PROVIDE the damned documents, referenced within the WS. Then the court has them. State you were "there to be found" and the claimant knew, or should have known, their address for service was not current. In support of this contention you can show that.. .knew on ... which was ... days before filing the claim that your current address was ... yet they still filed against the old address.

I would add a new point - the claimant FALSELY signed a statement of truth, as they knew the addres for service was incorrect.

Apologies I wasn't clearer! This is all quite stressful!

Oh I see, regarding the numbering that's how a lot of other set asides I have seen were set out, I shall change! But I already sent the first two in like that!

Okay I shall add that in about the documents and the address.

Question, when do I provide the proof of addresses to the court for the set aside??

whitepatch

Really need help with this....

My OH did a subject access request with Gladstones and they have said on the 3.7.18 experian provided them with our updated address.

They claim to have sent a letter to my OH at our new address but we 100000% never received any letter. They have said that because there was no response to this letter they continued to send to the previous address for the next two CCJ'S.

I don't know what to do, we definitely never received anything from them, if we had of done I would have fought it then! And also found the 1st CCJ they registered in 2017. But we didn't find out till November 2018!

If experian has provided a new address, surely one letter (considering we are a new build and our post is a bit iffy), they should have sent further documentation to this address as we may not have received the one letter they sent!

I don't even trust they sent it in the first place!

What do we do, as we have yet to be sent a date for the set aside hearing? I am worried it puts my OH on the back foot??

whitepatch

Please can someone help? (Post above)

Castle

Was a copy of the missing letter to the new address included in the SAR response?

whitepatch

Castle wrote: »

Was a copy of the missing letter to the new address included in the SAR response?

Yes it was.

The letter was a letter before claim. Now reading it, they only really say reply if you think you you have a valid reason for not paying otherwise they will start legal proceedings. Nothing says reply or we will continue to send to your old address?? Which is the explanation by email today they gave as to why after this letter they continued to send to my OH old address after 'non reply to this letter.

Surely they cannot do that. If they have an updated address from experian, continue to send to an old address?

I am a mortgage broker and there is no way I would have submitted a mortgage application with a high street lender if I knew of these people chasing my OH! We 1000% did not receive any correspondence. And what is odd is in their documents from subject access request, they state in this July letter sent to new address they have attached a copy of the letter they sent previously to my OH, but in subject access request it is not there?

whitepatch

Correction to the post above. It is there but dated 4th may.

Point is they quoted the CPR rules. To assume old address. But how can they do this when experian records are far superior to their assumptions.

THE RULES: CPR 6.9(3) – (6).

“(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

One letter sent (not recieved) being a letter before claim, which reading it does not actually require a reply. It says no reply and they will start legal proceedings. Now they cannot assume non reply to this negates experians information given to them.

It doesn't say it the letter before claim, non reply and we will assume you do not live at this but live at the old address.

I am thinking this gives me a fairly strong case in (although complicated) the set aside??

Castle

whitepatch wrote: »

Correction to the post above. It is there but dated 4th may.

What is dated 4th May?

whitepatch

Castle wrote: »

What is dated 4th May?

This letter...

!And what is odd is in their documents from subject access request, they state in this July letter sent to new address they have attached a copy of the letter they sent previously to my OH, but in subject access request it is not there?

What do you think about them sending to prev address after getting new address from experian?

whitepatch

whitepatch wrote: »

Yes it was.

The letter was a letter before claim. Now reading it, they only really say reply if you think you you have a valid reason for not paying otherwise they will start legal proceedings. Nothing says reply or we will continue to send to your old address?? Which is the explanation by email today they gave as to why after this letter they continued to send to my OH old address after 'non reply to this letter.

Surely they cannot do that. If they have an updated address from experian, continue to send to an old address?

I am a mortgage broker and there is no way I would have submitted a mortgage application with a high street lender if I knew of these people chasing my OH! We 1000% did not receive any correspondence. And what is odd is in their documents from subject access request, they state in this July letter sent to new address they have attached a copy of the letter they sent previously to my OH, but in subject access request it is not there?

whitepatch wrote: »

Really need help with this....

My OH did a subject access request with Gladstones and they have said on the 3.7.18 experian provided them with our updated address.

They claim to have sent a letter to my OH at our new address but we 100000% never received any letter. They have said that because there was no response to this letter they continued to send to the previous address for the next two CCJ'S.

I don't know what to do, we definitely never received anything from them, if we had of done I would have fought it then! And also found the 1st CCJ they registered in 2017. But we didn't find out till November 2018!

If experian has provided a new address, surely one letter (considering we are a new build and our post is a bit iffy), they should have sent further documentation to this address as we may not have received the one letter they sent!

I don't even trust they sent it in the first place!

What do we do, as we have yet to be sent a date for the set aside hearing? I am worried it puts my OH on the back foot??

whitepatch wrote: »

Correction to the post above. It is there but dated 4th may.

Point is they quoted the CPR rules. To assume old address. But how can they do this when experian records are far superior to their assumptions.



One letter sent (not recieved) being a letter before claim, which reading it does not actually require a reply. It says no reply and they will start legal proceedings. Now they cannot assume non reply to this negates experians information given to them.

It doesn't say it the letter before claim, non reply and we will assume you do not live at this but live at the old address.

I am thinking this gives me a fairly strong case in (although complicated) the set aside??

Can anyone help with this??