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UKPCM CCJ in absence August 2019

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    ANswer the questions above
    Did they have your current address for service, and if not, why not
  • SRP88
    SRP88 Posts: 9 Forumite
    First Post First Anniversary
    ANswer the questions above
    Did they have your current address for service, and if not, why not
    They were informed of my current address at the time of discovering the original CCJ in August 2019, yes. At the set aside hearing my address was confirmed and the court asked Gladstone’s to reissue claim to that address. Gladstone’s confirmed they had my correct address on file. Heard nothing and I moved in April 2020 again and did not pass on my address to the court or Gladstone’s 
  • Le_Kirk
    Le_Kirk Posts: 26,635 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 27 January 2021 at 11:19AM
    SRP88 said:
    ANswer the questions above
    Did they have your current address for service, and if not, why not
    They were informed of my current address at the time of discovering the original CCJ in August 2019, yes. At the set aside hearing my address was confirmed and the court asked Gladstone’s to reissue claim to that address. Gladstone’s confirmed they had my correct address on file. Heard nothing and I moved in April 2020 again and did not pass on my address to the court or Gladstone’s 
    This is what you posted earlier 3 January 2020 at 12:58AM: -
    Don't have the order with me as I'm at work but it says something like:
    1. Judgement be set aside
    2. Court to re- serve claim at current address
    3. Costs be reserved
    There was no timings at all which I thought was strange: undecided

    You state that the court is to re-issue the claim, presumably you meant the claimant.  Can you scan or take a photo of the order (both sides or pages) and post it on the forum (redact any personal information).  It is unusual for the judge not to issue timings.

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Can you prove they only had 6 months to file the claim, once set aside was granted?
    If so, you can state you had no reason to believe the claim was live, and that would be one reasno to get a set aside
    But no, at the time they failed, tehy did not have your correct address for service, and arguably had only a small reason to thin kyou had moved - the nearly years gap
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    But it was foolish in the extreme not to tell them of your new address. Totally. Until the 6 years are up, keep telling them of your new address - because even if it HAD been stayed, they can simply pay £100 and it is automatically lifted. 
  • SRP88
    SRP88 Posts: 9 Forumite
    First Post First Anniversary
    Le_Kirk said:
    SRP88 said:
    ANswer the questions above
    Did they have your current address for service, and if not, why not
    They were informed of my current address at the time of discovering the original CCJ in August 2019, yes. At the set aside hearing my address was confirmed and the court asked Gladstone’s to reissue claim to that address. Gladstone’s confirmed they had my correct address on file. Heard nothing and I moved in April 2020 again and did not pass on my address to the court or Gladstone’s 
    This is what you posted earlier 3 January 2020 at 12:58AM: -
    Don't have the order with me as I'm at work but it says something like:
    1. Judgement be set aside
    2. Court to re- serve claim at current address
    3. Costs be reserved
    There was no timings at all which I thought was strange: undecided

    You state that the court is to re-issue the claim, presumably you meant the claimant.  Can you scan or take a photo of the order (both sides or pages) and post it on the forum (redact any personal information).  It is unusual for the judge not to issue timings.

    I haven’t bothered uploading the other side of the order as it is just my name and address. Looking through other set aside threads I’ve noticed that everyone else’s seems to have some sort of date. Thank you 
  • SRP88
    SRP88 Posts: 9 Forumite
    First Post First Anniversary

    You state that the court is to re-issue the claim, presumably you meant the claimant.  

    As you can see from the picture it definitely says Court. Very odd indeed
  • SRP88
    SRP88 Posts: 9 Forumite
    First Post First Anniversary
    But it was foolish in the extreme not to tell them of your new address. Totally. Until the 6 years are up, keep telling them of your new address - because even if it HAD been stayed, they can simply pay £100 and it is automatically lifted. 
    Totally agree and take this on board.
  • Umkomaas
    Umkomaas Posts: 44,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SRP88 said:

    You state that the court is to re-issue the claim, presumably you meant the claimant.  

    As you can see from the picture it definitely says Court. Very odd indeed
    I don't see anything about 'the court to re-issue the claim'.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 26,635 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Wow, what a useful letter!  It looks like the court has messed up.  Notwithstanding what others might say, I would be tempted to write to the court (e-mail if possible) referring to that judgment or order and ask when they are going to "reserve the claim on you (the defendant)"
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