Double CCJ discovered...

Coupon-mad

Well done! And on getting your costs reserved as well.

Presumably they will be ordered to send you a copy of the claim and Particulars first, otherwise how can you then defend?

Have you already got a SAR from them so you know what their hand is?

parkingplonker

Presumably they will be ordered to send you a copy of the claim and Particulars first, otherwise how can you then defend?

Have you already got a SAR from them so you know what their hand is?[/QUOTE]

Yes I'm assuming they will send me a copy, I was quite surprised that they had sent evidence to the Judge, but not a copy to myself (the Judge seemed surprised about this too)... but these are scumbags I'm dealing with I suppose!

I sent a SAR a couple of weeks ago but have not received anything yet, I guess they'll take the full month to reply. But yes you're right, until then how can I defend?!

Coupon-mad

You will have to read the Order the court sends you, very carefully to check what is being asked of both parties and what the deadlines are.

parkingplonker

I have had another email reply from BW Legal regarding the bogus CCJ claim letter that they sent to me. They firstly asked for more details of the claim, which I sent them. Now they have replied with this....

Good Afternoon
Thank you for your email, the contents of which have been noted on file.
Please be advised of the following information:
Judgment entered on the 9 February 2017. The judgment was entered by Galdstones solicitors and remains outstanding.
You were given a Parking Charge Notice (PCN) for a breach in the terms and conditions, your vehicle did not display a valid permit and therefore breached the terms and conditons of the car park. Our Client therefore issued you with a PCN.
Please note we will not consider any costs for compensation.
Should you wish to discuss this matter further, please contact our office on 0113 487 0432.
Kind Regards,
bwlegal

So it would appear that I may have another CCJ "outstanding". Should I be expecting a letter from Northampton through the post? (It would be a first for them to actually send it to my address!) Would this possible second CCJ already be issued or will I have a chance to fight it before it gets to another possible set aside claim?

Coupon-mad

Ask for proof in the form of the documents and data that they and their clients hold and remind them that you are entitled to this data under the SAR rights in the GDPR.

parkingplonker

It has now been a week since my set aside hearing, yet I have received no court order or anything from the courts or the claimant regarding the particulars of the claim etc. They still haven't replied to my SAR either,so no info there.

Do I still only have the next 7 days to file my defence?.... even though I don't have any particulars to defend against yet? Feeling a little confused now, but want to be ready for the next step and not rushing to get my defence in last minute. Thanks in advance

Coupon-mad

Post #44 refers and a week is nothing!

parkingplonker

Coupon-mad wrote: »

Post #44 refers and a week is nothing!

I received the order today! It states upon the court being satisfied that the defendant did not receive the claim forms it is ordered that....

The judgement against xxxxx dated xxxx is hereby set aside and a new trail granted

The defendant shall file and serve its defence by 2pm on 21 November 2019

The claimant has permission to file and serve a reply if so required

Costs of today to be reserved

So..... as I still have no information or evidence of the 'offence' from the claimant (still no reply from the SAR) does this mean I basically have to form my defence on the basis that nothing at all has been served to me at my address? Thank you

KeithP

parkingplonker wrote: »

So..... as I still have no information or evidence of the 'offence' from the claimant (still no reply from the SAR) does this mean I basically have to form my defence on the basis that nothing at all has been served to me at my address? Thank you

I haven't re-read the whole of your thread, but have you thought about asking the CCBC for a copy of the original County Court Claim Form?

Coupon-mad

as I still have no information or evidence of the 'offence' from the claimant (still no reply from the SAR) does this mean I basically have to form my defence on the basis that nothing at all has been served to me at my address?

No, you'd be using the resources we have here.

For a person who doesn't know what this is about, I'd combine bargepole's concise defence example (in the NEWBIES thread of course) with the longer ending that I wrote in post #14 of the Abuse of Process thread.

Easy peasy, hey presto - a generic but decent defence for any case!

You would just need to edit the bit where bargepole says 'the facts are' and you would be saying:


2. ''As the Defendant stated to the court in the set aside hearing on 7/11/19, the Defendant has no information whatsoever about the claim, the allegation, the signs, the contract, the alleged breach, the Notice to Keeper or the PCN purportedly served or whether they are relying upon Schedule 4 of the Protection of Freedoms Act 2012 for 'keeper liability' or whether they have identified the driver on the date of the event.

3. The Defendant notes that the Order of the court states 'The claimant has permission to file and serve a reply if so required' and the Defendant avers that a full reply including the particulars and a full and complete reply to the Subject Access Request the Defendant sent to the Claimant* last month is undoubtedly required, with regard to the overriding objective, and that the Defendant should then be allowed the right to respond for the first time, before a hearing, and/or that both parties are required to exchange Witness Statements and evidence/exhibits in the usual way by further Order of the court.


*you did send a SAR to Millennium, yes? Please not just BW Legal!