CCJ issued by Excel at my place of work!, options for getting it set aside?

Coupon-mad

aardll wrote: »

Thanks for your reply Nos,

Do you know if it's actually possible to do this?

URGENTLY write to the named Judge who set the hearing date for next week, and point out that you have just completed a N244 for a second unknown CCJ to be set aside, same facts, same claimant (give the claim number and attach a copy of that new N244 for him/her to see it's true) and can the Judge please use the court's case management powers to urgently vacate next weeks' hearing and re-set it for a later date to hear both applications to reduce costs for attending and to allow the Claimant to attend once re both matters, if they decide to.

Make sure the N244 goes to your local court not the the CCBC!

CUT OUT THE MIDDLE MAN.

Are you also confident about what the basis of defence will be, if the hearing proceeds next week after all? The Judge will need to be satisfied that the claim was never served and that the D has a basis for an arguable defence that has merit.

aardll

nosferatu1001 wrote: »

Yes, but if they are for the same car park then they should have been raised together. they know this. They dont, because they make more money raising them separately (and its easier to manage)

IF and ONLY IF that reason is correct of course! Only you know if that is true.
Id imagine you can copy and paste basically all of your current set aside WS etc IF you need to have a whole new hearing solely for this new one.

Hi Nos, right I follow what you're saying now.

What reason is correct? My address details with the DVLA are correct and up to date if that's what are asking and have been since the start of the Year (if that's what you're asking).

aardll

Coupon-mad wrote: »

URGENTLY write to the named Judge who set the hearing date for next week, and point out that you have just completed a N244 for a second unknown CCJ to be set aside, same facts, same claimant (give the claim number and attach a copy of that new N244 for him/her to see it's true) and can the Judge please use the court's case management powers to urgently vacate next weeks' hearing and re-set it for a later date to hear both applications to reduce costs for attending and to allow the Claimant to attend once re both matters, if they decide to.

Make sure the N244 goes to your local court not the the CCBC!

CUT OUT THE MIDDLE MAN.

Are you also confident about what the basis of defence will be, if the hearing proceeds next week after all? The Judge will need to be satisfied that the claim was never served and that the D has a basis for an arguable defence that has merit.

My contact at my local court informed me that it had to go via Northampton and to chase it as being urgent if nothing in the next few days. They never mentioned sending the new N244 to them.

Quentin

aardll wrote: »

My address details with the DVLA are correct and up to date if that's what are asking and have been since the start of the Year (if that's what you're asking).

The point is that when the Claimant got your address from the DVLA that would have been prior to 1/1/19!


It being correct now is irrelevant, though does explain why you never got the original correspondence regarding the Claim

aardll

@Coup

No, at this point I'm not really sure my order dismissing the claim is:

ORDER DISMISSING THE CLAIM
1. The Defendant believes the order to the claim be dismissed due to the following reasons, which are further outlined below –
a. Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012)
b. This Claimant is known to routinely affix misleading pieces of paper in a red/black envelope impersonating authority, bearing the legend ‘THIS IS NOT A PARKING CHARGE NOTICE’ around vehicles on the business park. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.
c. 2.2. Accordingly, it is denied that any contravention or breach of clearly signed/lined terms occurred, and it is denied that the driver was properly informed about any parking charge, either by signage or by a CN.

aardll

Quentin wrote: »

The point is that when the Claimant got your address from the DVLA that would have been prior to 1/1/19!


It being correct now is irrelevant, though does explain why you never got the original correspondence regarding the Claim

are you saying this isn't likely to be set aside? I don't recall exactly when my details were updated but it was early in the year the first ccj was issued in March I only found out about in in May.

Wasn't there a rule that the DVLA get asked for an address they have to trace you first before going the debt collection route. They have to prove I live there?

Quentin

You are likely to get this set aside because you didn't get the correspondence!

Coupon-mad

aardll wrote: »

are you saying this isn't likely to be set aside? I don't recall exactly when my details were updated but it was early in the year the first ccj was issued in March I only found out about in in May.

Wasn't there a rule that the DVLA get asked for an address they have to trace you first before going the debt collection route. They have to prove I live there?

Use this as your cautionary tale:

https://forums.moneysavingexpert.com/discussion/6025349/screwed-by-bw-legal

As I said:

The Judge will need to be satisfied that the claim was never served and that the D has a basis for an arguable defence that has merit.

now write to the Judge with the wording I suggested and hand it in person if the court will take post, in the morning, with something like this on the envelope:

URGENT - CONSOLIDATION OF TWO CLAIMS REQUESTED - FOR THE ATTENTION OF THE PRESIDING JUDGE REGARDING VACATING AND REARRANGING THE HEARING ON XX/XX/19 RE SETTING ASIDE THE CLAIM XXXXXX.

aardll

Coupon-mad wrote: »

Use this as your cautionary tale:

https://forums.moneysavingexpert.com/discussion/6025349/screwed-by-bw-legal

As I said:

now write to the Judge with the wording I suggested and hand it in person if the court will take post, in the morning, with something like this on the envelope:

URGENT - CONSOLIDATION OF TWO CLAIMS REQUESTED - FOR THE ATTENTION OF THE PRESIDING JUDGE REGARDING VACATING AND REARRANGING THE HEARING ON XX/XX/19 RE SETTING ASIDE THE CLAIM XXXXXX.

Thanks coup, there's no named judge on the hearing though! I'm just dealing with the Admin guy at my local court!

Quentin

aardll wrote: »

Thanks coup, there's no named judge on the hearing though! I'm just dealing with the Admin guy at my local court!

Nevertheless it will be allocated.

Just address it as advised in #69