CCJ at previous address?

bigdavecox90

I've tried to rejig points 8 and 9 as you have stated and wary that I need to get this application sent off before the end of the week;

8. I understand that the claimant, Civil Enforcement Limited (CEL) obtained a default judgment against me on XX November 2017. I was initially made aware of this default having routinely checked my credit report on 9 January 2019. I made contact with Northampton County Court on 10 January 2019 to understand the detail surrounding the Default Judgment. I was advised that the incident was relating to a Parking Charge Notice (PCN), issued by the Claimant in October 2016 when attending an appointment at my local doctor’s surgery. Upon receipt of this Parking Charge Notice (PCN), I attempted to contact the Claimant on several occasions via the telephone, however all systems were automated, not allowing me to speak to an advisor. I proceeded to send the enclosed emails dated 1 November 2016 and 24 November 2016. I was attempting to resolve the issue, however upon calling this automated service, a fee of £100.00 was being requested and not the original reduced fee of £60.00 for paying within a set timeframe. I kept my emails to prove that I attempted to pay the PCN and heard no more from the Claimant. Having researched the Claimant, I can however see that many other individuals have encountered the same issue by not being able to speak with the Claimant directly.

To clarify;
• PCN issued date: 18 October 2016
• Email to Claimant to discuss payment: 1 November 2016
• Further email to Claimant to follow up: 24 November 2016
• Change of address: XX May 2017
• Default Judgment issued: XX November 2017
• Discovery of Judgment on credit file: 9 January 2019


9. I would like to state that this judgment was not served at my correct address, therefore I was not aware of the county court judgment until 9 January 2019, when checking my credit file. I have received no correspondence from the Claimant to inform me of the default. Upon making contact with the Claimant, I understand that this claim was served at a previous address – xxxx. I moved to a new address in May 2017 and in support of this can provide confirmation from xxxx County Council, showing my updated details for the purpose of paying Council Tax.

Is this slightly clearer?

nosferatu1001

What you hav are three documents all merged into one

Thety are seperate - the ORder is its own document, the WS is its own document, and the Defence is its own document. three pieces of paper, basically, not one!

It makes it MUCH easier to read, as you are then only concentrating on the relevant topic - for examplem the Witness Statement ONLY talks about the reason to *set aside* the judgement. It says NOTHING about the actual *claim* and why you do not owe anything - and your current WS does that; it says you dont owe.... when all the WS is for, at this stage, is why you shoujld be granted the set aside.

You jhavetn rejigged
Youve just made it longer. Look at how long para 8 is - its huge! It also talks about why you shoudlnt have to pay - you dont need this.
The *purpose* of the WS is to support: I should be granted a set aside because....
It has nothing to do with the events of the claim, except for the dates involved
I would NOT state you tried to pay; thats you admitting liability for it.
I would summarise how many months between so

- the claim relates to an alleged parking event on X month. THe last contact with the claimant was on X November 2016 (see exhibit 1 - email to claimants appeals email address) to which no response was received. On X May 2017 I changed address, to XXXXX and enrolled on the Electoral Register, have utility bills in my name / phone contract / mortgage (include all that apply, have proof of all of them that you state apply). On X November 2017, some 12 months after the claimant last had contact with me a default jdgement was issued, presumably for a court claim form issued 19 days previously, that was issued to my old address.

As it was so long without any contact, the claimant knew or should have known tha tthe address they had on file was not a good address for service, and sooudl have used a tracing service to find an updated address. This would have succeeded, as I was "there to be found".

I therefore request an automatic set asdie under CPR13.2, as the claim was not served to the correct address

OP - For your reference:
13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied;

Alternatively I reques tthe court sets aside the judgement on the grounds that the defence has a reasonable prospect of success under CPR13.3 and I should be allowed a chance to defend the claim (see filed defence)

That gives you two bites.

Hopefully this makes it clearer - you have a lot of waffle when what youre trying to do is show the court, quickly and concisely, that you MUST have it set saide under 13.2 or that you SHOULD have it set aside under 13.3

Again for your benefit: 13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

bigdavecox90

nosferatu1001 wrote: »

What you hav are three documents all merged into one

Thety are seperate - the ORder is its own document, the WS is its own document, and the Defence is its own document. three pieces of paper, basically, not one!

It makes it MUCH easier to read, as you are then only concentrating on the relevant topic - for examplem the Witness Statement ONLY talks about the reason to *set aside* the judgement. It says NOTHING about the actual *claim* and why you do not owe anything - and your current WS does that; it says you dont owe.... when all the WS is for, at this stage, is why you shoujld be granted the set aside.

You jhavetn rejigged
Youve just made it longer. Look at how long para 8 is - its huge! It also talks about why you shoudlnt have to pay - you dont need this.
The *purpose* of the WS is to support: I should be granted a set aside because....
It has nothing to do with the events of the claim, except for the dates involved
I would NOT state you tried to pay; thats you admitting liability for it.
I would summarise how many months between so

- the claim relates to an alleged parking event on X month. THe last contact with the claimant was on X November 2016 (see exhibit 1 - email to claimants appeals email address) to which no response was received. On X May 2017 I changed address, to XXXXX and enrolled on the Electoral Register, have utility bills in my name / phone contract / mortgage (include all that apply, have proof of all of them that you state apply). On X November 2017, some 12 months after the claimant last had contact with me a default jdgement was issued, presumably for a court claim form issued 19 days previously, that was issued to my old address.

As it was so long without any contact, the claimant knew or should have known tha tthe address they had on file was not a good address for service, and sooudl have used a tracing service to find an updated address. This would have succeeded, as I was "there to be found".

I therefore request an automatic set asdie under CPR13.2, as the claim was not served to the correct address

OP - For your reference:
13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied;

Alternatively I reques tthe court sets aside the judgement on the grounds that the defence has a reasonable prospect of success under CPR13.3 and I should be allowed a chance to defend the claim (see filed defence)

That gives you two bites.

Hopefully this makes it clearer - you have a lot of waffle when what youre trying to do is show the court, quickly and concisely, that you MUST have it set saide under 13.2 or that you SHOULD have it set aside under 13.3

Again for your benefit: 13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

Lifesaver.

So basically, if I were to print 3 different documents - one being the six point order, one being the witness statement and one being the defence?

I should also replace points 8 and 9 with the following, is that correct?

8. The claim relates to an alleged parking event on 18 October 2016. The last contact with the Claimant was on 24 November 2016 (see exhibit 1 – email to claimants appeals email address) to which no response was received. On X May 2017, I changed address to xxxx and enrolled on the Electoral Register and have utility bills in my name to prove this (attached). On X November 2017, some 12 months after the Claimant last had contact with me a default judgment was issued, presumably for a court claim form issued 19 days previously, that was issued to my old address.

As it was so long without any contact, the Claimant knew or should have known that the address they had on file was not a good address for service and should have used a tracing service to find an updated address. This would have succeeded, as I was ‘there to be found’.

I therefore request an automatic set aside under CPR13.2, as the claim was not served to the correct address.

nosferatu1001

That sounds good to me, but then it woudl do...
Give others a chance to chime in, but be awaerw you do have to get this in by this friday at 4pm (any later it counts as Monday)

Do you understand now what the three documents are for?

Do you understand you shoudl also make the "in teh alternative" request for 13.3 if they dont allow under 13.2?

bigdavecox90

nosferatu1001 wrote: »

That sounds good to me, but then it woudl do...
Give others a chance to chime in, but be awaerw you do have to get this in by this friday at 4pm (any later it counts as Monday)

Do you understand now what the three documents are for?

Do you understand you shoudl also make the "in teh alternative" request for 13.3 if they dont allow under 13.2?

Perfect, thank you. So essentially, I need to just add the following?

'Alternatively I request the court sets aside the judgement on the grounds that the defence has a reasonable prospect of success under CPR13.3 and I should be allowed a chance to defend the claim (see filed defence)'

Then I basically need to split it into three docs? The six pointer, the witness statement and the defence?

Are you able to identify from my original post where I could split the documents? I obviously know where the 6 point order finishes, but finding it hard to distinguish where I should split the WS and defence? My guess is that I've included everything now but it just needs to be segmented correctly?

nosferatu1001

Yes, hence why i told you to have three documents. Num ber each documetn completely independently from each other -s oyou start again at "1" at the top of each.

No, thats your task

Ive told you what a WS is - it is a list of facts that support why you should be granted the set aside
The defence is the legal arguments why you are not liable for the claim
Do you understand the differece between the topics?

Le_Kirk

The six-point draft order would finish at/after No. 6. The Witness Statement is written in the First person and the Defence is written in the Third Person.

The_Deep

The Witness Statement is written in the First person and the Defence is written in the Third Person.

I despair!