Warrant of Control issued.

Coupon-mad

As I said before, the search results WILL show you what to take with you:

Search the forum for the words 'set aside Judge satisfied' and read the many accounts from people a few months back or in 2018, who have already gone though this.

Make notes about what to take with you, and what a Judge must be satisfied about, to grant a set aside as this is not the hearing for the actual claim/defence as such.

We don't have time to type it out in all cases, hence why we tell people to search.

You are changing your search to advanced and SHOW RESULTS AS POSTS, yes? You should not be trawling through THREADS, just POSTS in your search results.

p1dster

Today at 2pm I am in court for the set aside.

Yesterday I received BW Legals Witness Statement. Which was quite shocking....

It collates all their evidence and letters into a massive binded document. It shows them finding the Reg Details on the DVLA and then sending letters to my current address, then just before the CCJ part the address changes to my old one.

Surely this is blatant underhand tactics, is there anything I can say in the set aside hearing which will get this completely written off and unable to be pursued further by BW Legal?

Johno100

p1dster wrote: »

It collates all their evidence and letters into a massive binded document. It shows them finding the Reg Details on the DVLA and then sending letters to my current address, then just before the CCJ part the address changes to my old one.

Did you respond to any of the initial correspondence sent to your current address? If you didn't then they may argue that via reference to a credit search they thought that was your old address and the one they sent the claim form etc. to was your present one.

p1dster wrote: »

Surely this is blatant underhand tactics, is there anything I can say in the set aside hearing which will get this completely written off and unable to be pursued further by BW Legal?

No, a set aside hearing can only return the matter to where it was prior to the default judgment.

nosferatu1001

Good luck for today

You can point out that the clamiant HAD your correct address, then decided to use an old one

As pointed out, if you never responded at all they have *some* argument, so be careful.

p1dster

Johno100 wrote: »

Did you respond to any of the initial correspondence sent to your current address? If you didn't then they may argue that via reference to a credit search they thought that was your old address and the one they sent the claim form etc. to was your present one.

No I didn't. Not sure they have a leg to stand on when they did the DVLA check and should really be doing another one before actually attempting to put a CCJ through. Afterall, after the CCJ was put through miraculously they started mailing me at my correct address again...…

Thanks for your info. I wont attempt anything other than the Set Aside today.

Johno100

p1dster wrote: »

No I didn't. Not sure they have a leg to stand on when they did the DVLA check and should really be doing another one before actually attempting to put a CCJ through. Afterall, after the CCJ was put through miraculously they started mailing me at my correct address again...…

Thanks for your info. I wont attempt anything other than the Set Aside today.

My understanding is they are only allowed to request the information once from the DVLA.

p1dster

Johno100 wrote: »

My understanding is they are only allowed to request the information once from the DVLA.

Which was the correct address and they had no reason to believe otherwise. To then aubmit the CCJ to an address they had on file, which bared no relevance to the DVLA response shows they were clearly making an attempt at me not knowing....

Unsure how they can even argue "They thought it was my address and the DVLA one was the old one". No doubt they will though!

nosferatu1001

No, theyd claim that
1) They got an address from the DVLA
2) They wrote X letters there
3) no response received, so they TRACED what they presumed to be an up to date address
4) then they filed there

See how easy that is?
But thats when you counter with - so why did you suddenly revert t o the correct address? What diligence did you do to find out that the address you traced was in fact out of date by X years? etc.

Johno100

p1dster wrote: »

Which was the correct address and they had no reason to believe otherwise. To then aubmit the CCJ to an address they had on file, which bared no relevance to the DVLA response shows they were clearly making an attempt at me not knowing....

Unsure how they can even argue "They thought it was my address and the DVLA one was the old one". No doubt they will though!

You'd be amazed at the number of posters who have to go down the set aside route because they have failed to keep the DVLA up-to-date with their address, failed to receive any correspondence resulting in a default CCJ.

Of course if you had appealed at the outset thus acknowledging you'd received their correspondence, as recommended, and then they'd instigated court proceedings at an old address you'd be in a much stronger position.

p1dster

Set aside not granted.


DESPITE me showing that they starting sending letters to the wrong address and provided a certificate showing the CCJ which is on my credit file marked as being at old address....


The Judge said because I ignored all letters and correspondence, the further letters were sent to another address on my credit file to see if I responded there.


The Court Papers were apparently served to me at correct address.


EVEN THOUGH I was showing him the CCJ being assigned on my credit file at an address that the car was never registered at ever.


All ignored.


Got to pay the fine and lose the £255 aswell.


What did I do incorrectly?????????? I cant see what I did wrong here.


The papers were NEVER sent to current address.... Surely the judge can see where the papers were sent to>>>>