UKPCM CCJ in absence August 2019

SRP88

Umkomaas said:

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'.

Sorry a wording issue here, thought that was was meant by reserved (re-served). Does it mean something else? 

Umkomaas

I guess it will be an interpretation between 'claim reserved' (as in judgment of the claim held in abeyance) and 'claim re-served' (as in reissued). 

SRP88

Le_Kirk said:

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)"

Excellent thank you. That will be my next course of action then. This whole saga has been one mess up from the get go, initially caused by a keying error by the DVLA meaning all the initial notices and court papers went to the complete wrong address. 

Coupon-mad

At the end of all this I think you'd have a claim against the DVLA, then if it started with their own keying error.  Data breach = you can seek compensation.

But your priority now would be to find out about this new claim because for £800+ they could get a writ and HCE thugs turning up on your doorstep. 

The Order from 2019 makes little sense and probably should have read 'Claimant to re-serve claim upon Defendant at address xxxxx'.  I'm not legally trained but I also thought there was six months to properly serve a claim after the intention has been filed with the courts.   but reading CPR 7.5, is seems to be that they only had 4 months:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

Am I reading 7.5 wrong?  

Did the default judgment letter (if you received one) come from your local court who set aside this CCJ, or from the CCBC at Northampton?   I guess you don't know.  Can you get your post now from the old address?  Urgent to see it.

I am thinking that they might have realised they were out of time to serve the first claim and started a new one.  But does it have the same claim number reference?  Makes no sense because if they started a completely new claim at the CCBC it would not have the same claim number.  It would have the same PCN references of course, but not claim number.

Ask the local court for a copy of all file correspondence that they have since the 2019 Order.  Get on the phone and get to the bottom of it even if you have to speak to the Case Management Manager at the court to understand what has gone on and why the Judge (seemingly) didn't apply the strict 'claim form service' deadline in CPR 7.5 properly and failed to notice that any re-served claim form was well out of time if they posted it after April 2020.

You may have to do another set aside but if a legally-represented Claimant has posted the same claim form out, far too late to meet the Civil Procedure Rules deadline, that's surely unreasonable conduct and you need to claim ALL your costs, both set aside fees, plus your time at £19 per hour (or your true hourly rate if higher) for sorting all this mess out.

Le_Kirk

CPR 7.5 seems to relate to the service of a claim form after it has been issued rather than when a judge orders a claimant to serve it again and I think a lot of the confusion seems to relate to the meaning of the word "reserve".  This to me seems to mean hold in abeyance or until some other time in the future whereas re-serve means to serve the claim form again.  Only the judge will know what he/she meant!
@SRP88 states that the new claim has the same claim number as the one that was set aside here Today at 9:52AM.

Coupon-mad

Because the redacted bit in that sentence gives an address (the D's home address) it must mean 're-serve'. And the CPRs still apply.

Nothing could stop them filing a brand new claim, but IMHO CPR 7.5. prevents them from 're-serving' the old, original claim as late as Summer 2020.  It sounds like that's what they have done, again without checking that the D was still there.