CEL CCJ - Successfully Set Aside but 'On condition that ...' So confused - help!

Hill_Hill_Hill

Quick questions relating OP,

1) do I hold the burden of evidence?
2) why was the default judgment set aside 'on condition that [I submitted a defence]'?

Thanks

DoaM

Because you need to also show that you have a reasonable chance of success ... simply setting aside due to a procedural non-conformance is sometimes not enough.

Hill_Hill_Hill

Thanks, do you think the Defence above will suffice?

Fruitcake

Where you refer to an organisation or process write the full names out the first time mentioned followed by the initials in brackets, then use the initials thereafter.
Somewhere near the beginning you need to explain that in order for the scammers to obtain keeper data from the DVLA via a KADOE contract, they must be a member of an ATA. In this case CEL are members of the BPA and must abide by their CoP in order to fulfil the mandatory DVLA contract requirements.


9. Claimant has failed to provide a response to Subject Access Request sent by the Defendant via recorded delivery in an attempt to withhold the fact they have no basis for the claim.


I don't believe "recorded delivery" exists anymore. I think it's now "signed for" or "special delivery". Pedantic I know, but you need to be where the law is concerned.

Did the scammers sign for the above. If not then they have proof they did not receive it, therefore your statement could be considered libellous.

Did you include proof of ID with the SAR? If they did sign for it, has 30 days elapsed? If so then I would slip in the words, "the defendant believes" and "may" somewhere in your comment.

In the alternative, just make the statement that they have failed to comply with ICO requirements and thus you are prejudiced in your defence.

10 … eve occurred.

11 … Don't ask questions, make statements.

12 ... Mention that there are two grace periods in the BPA CoP, one at the beginning and one at the end, each of ten minutes. This is therefore a KADOE breach so the scammers had no reason to request keeper data which also makes it a DPA/GDPR breach.

13 ... I'm not sure about your comments if you have never seen the PoC. How do you know they "may" have said something?

14 … I have asked CEL (in my SAR letter to the data protection officer) when the signs were changed. Should be," the defendant" not I or my, but in any case this is not personal data so reference to an SAR is irrelevant.
You should be stating the signs were changed from those shown by GSV after the alleged event and require the scammers to prove otherwise.

15 ... This is a BPA CoP breach and therefore a KADOE contract breach. Is is also dissimilar to the unusually clear signs in the Beavis case.

I'll leave others to comment about the abuse of process section, but it looks OK to me.

Hill_Hill_Hill

many thanks indeed!! Your suggested changes now made

Any and all further comments welcome!

Hill_Hill_Hill

Hi Coupon Mad - thanks again. Struggling to find the below on the forum, could you (or anyone else!) give me a pointer?

- the Caernarfon judgment
- the IOW/Southampton order from the Summer, where DJ Grand summarily struck out several cases for exceeding the £100 which is the most that can be recovered
- the CRA 2015 sch2 with 6, 10 and 14 highlighted
- the CRA 2015 para 71 about the duty of the court to consider FAIRNESS of terms
- the guidance on the CRA which says consumer notices are NEVER exempt from the test of fairness
- the POFA sch 4 with para 9 and the bit about 'adequate notice' highlighted
- the Beavis case quotes 98, 193 and 198 all copied onto a page as evidence

KeithP

The last five on that list are easily found using google or any other internet search engine.

To get you started, here's the Consumer Rights Act:
http://www.legislation.gov.uk/ukpga/2015/15/contents

There's a link to POFA in post #1 of the NEWBIES thread.

Hill_Hill_Hill

Thankyou! Still looking for the Beavis case quotes!

KeithP

You need to seriously hone your google skills:

https://www.bailii.org/uk/cases/UKSC/2015/67.html

Hill_Hill_Hill

I would do all of the above, given the words you think the Judge said, as they don't sound too clued up, given that we win 99% of cases defended.

You need to read other recent CEL cases and copy from them, like here:

Ok! Statement, particularised Defence and Skeleton Argument with annexed docs, judgements and references now complete.

....now what?!

I have included a schedule and breakdown of costs also with an argument that the Claimant is behaving unreasonably.

Could you please explain to me the mechanics of the now unfolding case? i.e what happens next? Are they going to come at me, what risks am I taking?

Specifically, who do I send the Defence to exactly, and how? My fear is that I don't effectively serve the papers to the court and/or the Claimant (CEL).

Thankyou KeithP, google skills being honed.

Questions from earlier in thread:
(1) Do I have the burden of evidence?
(2) Where do they (Courts & Claimant) get my name and address from? They are both wrong.

T H A N K Y O U !

Ok, self-answered I think:

When you are happy with the content, your Defence should be filed via email as suggested here:
Print your Defence.
Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

What is a DQ?

Self answered again:

You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court.

“
Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.