Gladstones and old address - 1 unknown CCJ, 1 unknown Claim

duckieb

Le_Kirk wrote: »

I hope you have reacted to discovering the CCJ, maybe not on this thread but maybe you have filled out the correct forms and prepared your six-point draft order. It is imperative to react swiftly upon discovering a CCJ as the courts don't like tardiness.

Le_Kirk - I have the correct forms and have paid the fee but just wanted to ask advice re the six-point draft order. I wanted to finish being advised on the claim defence first, then post the CCJ one so as to avoid confusion. I will submit the CCJ paperwork next week if I can get some feedback on it.
This is my CCJ statement for the N244 paperwork. Would be grateful for thoughts:

IN THE COUNTY COURT AT: Northampton

xxxxxxxx(Claimant)

And
xxxxxx (Defendant)

CLAIM No: XXXXXXX

IT IS ORDERED that:

1. The default judgment dated XX.03.2019 be set aside.

2. Costs to be reserved.

3. Should the Claimant discontinue the Claim after the CCJ is set aside the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

4. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

5. I am NAME and I am the defendant in this matter. This is my supporting statement to my application dated 08.09.2019 2019 requesting to:

a. Set aside the default judgment dated 05.08.2019 as it was defectively served as I was out of the country, travelling from the period of 02.04.2019 – 07.09.2019

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT
•

I am XXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated xx/05/2019 to:
• Set aside the Default Judgement dated 26th February 2019 as it was not properly served at my current address;
• Order for the original claim to be dismissed.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in March 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 20th August 2019 when I was doing a check on my credit file following a finance application rejection. I understand that this Claim was served at an OLD ADDRESS (XXXXX). However, I moved to a new address in January 2017. In support of this I can provide a solicitor’s completion statement showing the date of completion and confirmation from XXXX XXXX Borough Council showing my updated details for the purposes of paying Council tax. Both are attached at Exhibit X.

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim. Had I been in receipt of any of the prior documentation, I would have responded promptly.

1.3. On the 20/08/2019 I contacted County Court Business Centre to find out details of the Default Judgement. Verbally I was informed by the court staff the judgement was in relation to a vehicle currently owned by me. The address detailed on the judgement is a previous address which I moved out of in January 2017.

1.4. On 20/08/2019 I attempted to contact the Claimant using information given to me by County Court. I was informed that all prior documentation had been sent to my old address.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

1.7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.


2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which I am the keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which I am the keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered leaser of a vehicle.

2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me.

2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.

2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.

2.5.3. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.

2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.


2.7. The Court is invited to dismiss this Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.

2.8. In summary, and to stress the point that there is growing anger at the dubious practices of private car parking companies of which I believe I the Defendant has fallen foul of, I would also like to draw the attention of the court to a debate in Parliament on 21st March 2017 that focussed on the relationship between the DVLA and private car parking companies, and the latter’s access and (mis)use of data. In the debate the Rt Hon Steve Double MP commented that “We need to look at the relationship the firms have with the DVLA. In my view, they are abusing their privileged relationship and their access to drivers’ information.”

The Rt Hon Kevin Foster MP surmised that “We got rid of the cowboy clampers in the last Parliament. The suspicion is that the cowboy clampers have now become the cowboy finers and cowboy invoicers. Although they may wish to leave their spur marks on car parks across the country, I hope the Minister will be clear what action will be taken to ensure that they have to ride off into the sunset for good.”

2.9. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.10. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Le_Kirk

You need a six-point draft order like this one. Also you could try searching the forum for six-point draft order as your keyword(s).

duckieb

Apologies, I posted an old draft before searching six point order and judge satisfied. I am still not sure I have done it correctly. Below is the latest draft for the order for the CCJ N244 paperwork (NOT the claim which is separate and which I have a separate defence for). Please could I have some comments regarding the below, as I hope to submit early next week. It is for a CCJ for a PCN at an old place of work that I knew nothing about as all correspondence went to my old address. Thank you all so much for your ongoing help.

IN THE COUNTY COURT AT: Northampton

xxxxxxxx(Claimant)

And
xxxxxx (Defendant)

CLAIM No: XXXXXXX

IT IS ORDERED that:

1. The default judgment dated XX.03.2019 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2019.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

7. I am NAME and I am the defendant in this matter. This is my supporting statement to my application dated 08.09.2019 requesting to:

a. Set aside the default judgment dated 05.08.2019 as it was not properly served at my current address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

8. Default Judgement
8.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in March 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 20th August 2019 when I was doing a check on my credit file following a finance application rejection. I understand that this Claim was served at an OLD ADDRESS (XXXX). However, I moved to a new address in January 2017. In support of this I can provide a solicitor’s completion statement showing the date of completion and confirmation from XXXX XXXX Borough Council showing my updated details for the purposes of paying Council tax. Both are attached at Exhibit X.

8.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim. Had I been in receipt of any of the prior documentation, I would have responded promptly.

8.3. On the 20/08/2019 I contacted County Court Business Centre to find out details of the Default Judgement. Verbally I was informed by the court staff the judgement was in relation to a vehicle currently owned by me. The address detailed on the judgement is a previous address which I moved out of in January 2017.

8.4. On 20/08/2019 I attempted to contact the Claimant using information given to me by County Court. I was informed that all prior documentation had been sent to my old address.

8.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

8.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

8.7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.


Order dismissing the Claim

9. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

10. If the Claimant has obtained details of the vehicle for which I am the keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

11. If the Claimant can evidence that the alleged incident relates to a vehicle for which I am the keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered leaser of a vehicle.

12. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me.

13. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
13.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.

13.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.

13.3. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.

14. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.


15. The Court is invited to dismiss this Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.

16. In summary, and to stress the point that there is growing anger at the dubious practices of private car parking companies of which I believe I the Defendant has fallen foul of, I would also like to draw the attention of the court to a debate in Parliament on 21st March 2017 that focussed on the relationship between the DVLA and private car parking companies, and the latter’s access and (mis)use of data. In the debate the Rt Hon Steve Double MP commented that “We need to look at the relationship the firms have with the DVLA. In my view, they are abusing their privileged relationship and their access to drivers’ information.”

The Rt Hon Kevin Foster MP surmised that “We got rid of the cowboy clampers in the last Parliament. The suspicion is that the cowboy clampers have now become the cowboy finers and cowboy invoicers. Although they may wish to leave their spur marks on car parks across the country, I hope the Minister will be clear what action will be taken to ensure that they have to ride off into the sunset for good.”

17. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

18. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

ShakeItOff

You might want to remove your old address from this post.

Are you "there to be found"? I.e, you're on the electoral roll, and your credit report doesn't have you still living at your old address?

Coupon-mad

IN THE COUNTY COURT AT: Northampton

But it's not, and there is no need to deal with the CCBC at Northampton. You can hand in your N244, attachments and fee at your local court, where it will be heard.

duckieb

Coupon-mad wrote: »

But it's not, and there is no need to deal with the CCBC at Northampton. You can hand in your N244, attachments and fee at your local court, where it will be heard.

Oh I see. I called the court and they said to put Northampton in thats space, but presumably that's because it was the CCBC at Northampton. How do I arrange for it to be heard at my locally court? Should I therefore call them to pay the fee there, and put their name on the form?

ShakeItOff, thank you I totally forgot re my address! Oh dear. I am also there to be found as far as I can see - I have definitely been on the electoral roll since 2017 at my new address (I even double checked this with my local authority) and my credit agency have my new address as well.

Does the above look ok? Do you think there is a chance of having it set aside, or will the judge not look kindly on the fact that I have not officially changed it with DVLA and my defence is somewhat vague? I don't know whether to try call the parking place at my old hospital and see what happened with that ticket. It was my first day of work and I don't remember it at all and never heard otherwise after. Parking just said not to worry as it was first day but this was all informal chats. And is the 6 point order ok?

Coupon-mad

Like I said, just take it to the local court and pay.

duckieb

Ok.
Any other comments re the draft? I will try to submit it tomorrow so would be grateful for comments regarding the actual content.

Coupon-mad

You don't appear to have headed this section up 'DRAFT ORDER':

IT IS ORDERED that:

So it reads as if your document is actually ordering the court what to do, rather than drafting it. and personally I would put the WS first, then the DRAFT ORDER on a separate sheet, as that looks much more clear IMHO.

Remove this of course, where are people finding this old rubbish?

13.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.

And why does this talk about Civil Enforcement Ltd yet your thread title talks about a Gladstones case which cannot be that PPC? I have not read back to check...but seems like you've copied and not edited in the right PPC me.

Which PPC is it?

duckieb

UK Car Park Management Ltd. I just accidentally didn't replace it there, oversight by myself. This is latest draft. Am I right in assuming that the court fills in the dates in the draft order (I have highlighted the ones I am referring to in bold)?


IN THE COUNTY COURT AT:
xxxxxxxx(Claimant)

And
xxxxxx (Defendant)

CLAIM No: XXXXXXX

_____________________________________


WITNESS STATEMENT

______________________________________


I am NAME and I am the defendant in this matter. This is my supporting statement to my application dated 08.09.2019 requesting to:

a. Set aside the default judgment dated 05.08.2019 as it was not properly served at my current address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.


1. DEFAULT JUDGMENT

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in March 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 20th August 2019 when I was doing a check on my credit file following a finance application rejection. I understand that this Claim was served at an OLD ADDRESS (XXXX). However, I moved to a new address in January 2017. In support of this I can provide a solicitor’s completion statement showing the date of completion and confirmation from XXXX XXXX Borough Council showing my updated details for the purposes of paying Council tax. Both are attached at Exhibit X.

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim. Had I been in receipt of any of the prior documentation, I would have responded promptly.

1.3. On the 20/08/2019 I contacted County Court Business Centre to find out details of the Default Judgement. Verbally I was informed by the court staff the judgement was in relation to a vehicle currently owned by me. The address detailed on the judgement is a previous address which I moved out of in January 2017.

1.4. On 20/08/2019 I attempted to contact the Claimant using information given to me by County Court. I was informed that all prior documentation had been sent to my old address.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

1.7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.


2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2 If the Claimant has obtained details of the vehicle for which I am the keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which I am the keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered leaser of a vehicle.

2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me.

2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.

2.5.2 No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to UK Car Park Management Ltd.

2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

2.7. The Court is invited to dismiss this Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.

2.8. In summary, and to stress the point that there is growing anger at the dubious practices of private car parking companies of which I believe I the Defendant has fallen foul of, I would also like to draw the attention of the court to a debate in Parliament on 21st March 2017 that focussed on the relationship between the DVLA and private car parking companies, and the latter’s access and (mis)use of data. In the debate the Rt Hon Steve Double MP commented that “We need to look at the relationship the firms have with the DVLA. In my view, they are abusing their privileged relationship and their access to drivers’ information.”

The Rt Hon Kevin Foster MP surmised that “We got rid of the cowboy clampers in the last Parliament. The suspicion is that the cowboy clampers have now become the cowboy finers and cowboy invoicers. Although they may wish to leave their spur marks on car parks across the country, I hope the Minister will be clear what action will be taken to ensure that they have to ride off into the sunset for good.”

2.9. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

2.10. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

Full name: xxxxxxxxxxxxxx

Dated: XXXXXXXXXX



_____________________________________


DRAFT ORDER

______________________________________


IT IS ORDERED THAT:

Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The default judgment dated XX.03.2019 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/XX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/XX.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.