CCJ Set aside CEL help please

a6915137

Thanks for all the reply Below a summarise of the story I am sorry for the length and also of any stupid mistake that you may see I am totally new to this.

• Violation date: ****** (I left my car overt the free limited time)
• The car was hired from the company from ****** until ******.
• Around June I changed my address: I can provide bank statements showing my address at that time, Also I received a letter from the
company on ******, which mean I have gave the company my new address. Unfortunately I cannot remember when and how I
have updated my address in the company record.
• I have changed my address on my diver licence in August (I have an email confirmation from DVLA, as I have done this online)
• Judgement dated ******.
• Find out about the CCJ on ******
The case is about CEL

I have submitted N422 (below my answer to some of the questions)

2. Are you a (defendant)
3. What order are you asking the court to make and why? (An order that the judgement in Default be set aside pursuant to CPR 13.3 and defendant be allowed to file a Defence in the case. The defendant only discovered the judgment when checking credit score and has acted promptly.
4.Have you attached a draft of the order you are applying for? I put Yes by mistake
5.How do you want to have this application dealt with? At Hearing
6.How long do you think the hearing will last? 15 min
10.What information will you be relying on, in support of your application? Statement of case, I should have put witness statement

The below Witness statement was sent along the N422:

WITNESS STATEMENT OF MY NAME

I , MY NAME of “CURRENT ADDRESS”, being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. E5GM5W9C Judgment
dated ******) be set aside.
2: CPR 13.3 states (1) In any other case, the court may set aside 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.
3. I learnt of the existence of this claim on the ****** when I Checked my Credit Score, to find out that my score went down by more than 200 points. I used Experian service and trust online website (please see the attached trust online report dated to ******) to find the reason. Then I found that the claimant filed CCJ against me requesting payment of the judgment detailed in paragraph 1.

4. I have moved from “Previous address” to “Current address” around June 2017. I have attached my HSBC bank statement dated to ****** showing that my address is “Current address”. I have no Particulars of Claim which I believe was issued in sometime in 2017, as I believe it was sent to an old address (Previous address) where I no longer reside.

I therefore respectfully request that the Court sets aside the judgment in this claim and order the CCJ to be removed from my credit record.
I, My name, the Defendant, believe the facts stated within this Witness Statement to be true.

End of Witness Statement

I received a letter from the court

IT IS ORDERED THAT

1. The application to set judgement aside be stayed because the application contains inadequate grounds of a defence. If the defendant fails to file adequate supplemental particulars by****** 2019 the application be struck out.

2. Because this order has been made by the court without considering representation from the parties, any party affected has a right to apply to have the order set a side, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive at the court office 7 days from the date of the service. No court fee will be payable
Dated ****** 2019


What I want to achieve
I do agree that I left my car in the parking longer than the limited time. but the PCN was sent to the wrong address so I was not aware of it. the most important thing to me is the remove this CCJ from my record.

Sory again for the length I do really appreciate your help !!

nosferatu1001

You actually should have applied under CPR13.2
Failed to serve at your current address

A judgement dated october and a leter in november doesnt help much.
You need to ASK the bloody hire car company WHEN you told them of your new address. If it was June, great. July, great....
When did you change address? June 2018 or June 2017? You didnt say.

a6915137

Thanks nosferatu1001

I went back and checked my bank statements and find out that my statement in may shows the old address and the June statement show the current address.

The company was not cooperating and said they don't record the date I actually told them the address change.

but again the Violation date was 19/09/2017 which is close to 16th of Oct 2017 which is the time the hiring agreement end So definitely they have my address by that time.

All Best

nosferatu1001

Again
June 2018?
or
June 2017?

Theres a reason I ask. Answer it please.

Send them a SAR, obviously. Doesnt help too much now, as youve left it so long, but you can tell them verbally and state as this relates to a corut claim you require the SAR is expedited.

How would uyou have told them? Email? Letter? Call?

You REALLY need to make it clear YOU WERE NEVER SERVED PAPERS as THE WRONG ADDRESS WAS USED

State you ask this is set aside under 13.2.

Coupon-mad

The OP has very little time, going by the Order, they have a week to prep their Supplementary WS and defence:

IT IS ORDERED THAT

1. The application to set judgement aside be stayed because the application contains inadequate grounds of a defence. If the defendant fails to file adequate supplemental particulars by 7 March 2019 the application be struck out.

nosferatu1001

Oh I know they have littlee time, but mentioning a SAR and court claim MAY help the rental companies memory.

a6915137

nosferatu1001 wrote: »

Again
June 2018?
or
June 2017?

I moved out of the property on JUNE 2017. I left my car on the parking on 19/09/2017. SO they send the PCN to the old address that left sine JUNE 2017

nosferatu1001 wrote: »

Send them a SAR, obviously. Doesnt help too much now, as youve left it so long, but you can tell them verbally and state as this relates to a corut claim you require the SAR is expedited.
How would uyou have told them? Email? Letter? Call?

Just call over the phone

nosferatu1001 wrote: »

You REALLY need to make it clear YOU WERE NEVER SERVED PAPERS as THE WRONG ADDRESS WAS USED

State you ask this is set aside under 13.2.

OK tx I understood that I need to use 13.2

Coupon-mad

OK, so spend the next few days over the weekend, reading lots of other CEL set aside threads, by searching this forum for those keywords in the 'search this forum' box (NOT THE BOX TOP RIGHT OF THE PAGE, WHICH SEARCHES THE WHOLE WEBSITE!).

We want you to copy the WS and defence draft of those you see (all the same) and show us what you come up with. It is mainly about showing that you moved and that the hire firm had your correct address and so through no fault of yours, this claim was not served and you had no opportunity to defend.

Send the hire firm a SAR by email and state that you require their file note of when the address was updated, even if that needs a technician to interrogate the data to find the date of change. And that this is needed urgently due to a court claim, whereby it was the hire firm's error that caused your predicament, and if you lose the claim you will sue the hire firm, so they need to show their data and, and they can't just say they have 'no notes' of when your postal address data was changed. Their computer metadata will.

nosferatu1001

OP

You do two things
1) set aside under 13.2. You need to prove 1) when you moved 2) when you told the hirer company and 3) that yu could have been found at the new address the year later when they actually filed a claim
Did you have any contact with CEL at all? if NOT that is good - it SUPPORTS that they knew, or should have known, that the address was not good for service. They waited a year to file a claim knowing it was to a hirer, who could move

2) Set aside under 13.3 AS WELL
This requires you file a proper defence, which is what youve been told
This means a defence TO THE UNDERLYING CHARGE, NOT anything to do with getting a set aside. So for example you cna point out that you NEVER had liability as hirer - presuming you have not identified the driver??!?!? - as CEL did not serve on you the required documents such as your hire agreement. You will also state they have artifically inflated the charge, an abuse of process, and they did not have standing to offer contracts nor pursue to court in their name.

a6915137

Hi guys,
Thanks again for the help

I am trying to get more evidence that I wasn’t living in that address when the PCN and related documents were sent.
I tried to contact the hiring company but no response (they don’t answer phone calls send them email but no success).

So what I can show so far to prove that I was not living in that address is:

Bank statement dated to JUNE 2017.

Letter from the hiring company date to ******, which mean I have given the company my new address.

In addition to this I have called the council and to find about the electoral, So the council sent me this letter saying.

“This is to confirm that xxxxxxxxx is on the Register of Electors ****** at the above address for election purposes only. The electoral roll number is PCA-280 on this register.
xxxxxxxxxxxx registration was verified by the DWP on ******

Do you think guys that this letter is useful and make my case stronger to prove that I wasn’t aware of the PCN.

Time line
• Violation date: ****** (I left my car overt the free limited time)
• The car was hired from the company from ****** until
******
• Around June I changed my address: I can provide bank statements showing my address at that time.
• I received a letter from the company on ******, which mean I have given the company my new address.
• I have changed my address on my diver licence in August (I have an email confirmation from DVLA, as I have done this online)
• Judgement dated ******
• Find out about the CCJ on ******

Tanks again for the support