CCJ at previous address from PPC

drewwhonumba2

Final question - should i only send the WS to Gladstones?

My concern is that if they have my draft defence they will know that im using POFA and failure to provide correct documents with NTH so may then decide to state they arent using POFA

Or is this irrelevent?
.

Umkomaas

You send it to the organisation denoted on your claim form 'Address for sending documents and payments (if different)'.

How many more times do we have to post this advice? :wall: :doh:

Please read what you have in front of you. You're at a much greater advantage in that respect than we are!

drewwhonumba2

Umkomaas wrote: »

You send it to the organisation denoted on your claim form 'Address for sending documents and payments (if different)'.

How many more times do we have to post this advice? :wall: :doh:

Please read what you have in front of you. You're at a much greater advantage in that respect than we are!

Sorry but my question isnt related to where to send the documents.

My question is if i should be sending a draft defence to Gladstones as this will then mean tbey have my defence and im concerned they might use this against me

Henrik has advised to send an amended WS based on new information found from a SAR, and to also send this to Gladstones.

So im asking should i send WS and draft defence or WS only

Coupon-mad

WS only, if you have not yet had to file a defence.

You could always add a question or two into the body of the email where you attach the WS, such as (if these are all things you want to know, understand and/or see):

- did/does your client contend that they are compliant with the POFA 2012 and are seeking keeper liability?

- please send by return, in the interests of open dealing, a copy of the claim form that relates to the set aside application hearing on 13th February at xxxx court.

- does your client consent to the set aside and will they inform xxxx court?

- if you are no longer dealing with the case at set aside stage please forward this email to your Clients and inform them that I require all photos/letters/evidence that their claim relied upon and the claim form. This is in their/your hands and easily accessible and is required by email this week, in the interests of open dealing and the overriding objective.

henrik777

I would send it.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.8

Reply to defence
15.8 If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.



The defence has to be sent eventually and the claimant gets it well in advance of any hearing for the actual claim AND has a chance to reply to a defence anyway.

In the event that you need the alternative submission of a discretionary set aside it's part of your submission. (i know in this case MANDATORY set aside has as strong a chance as you're likely to see but judges be judges hence the reason there's an appeal court)

drewwhonumba2

Thanks Henrik and Coupon-Mad

I've sent everything i previously submitted + WS amendment and additional exhibits to Gladstones and the court

I emailed Gladstones last night asking for an email to send the document + amendment and they politely replied so this suggest they have no objections to the amendment

Lets see what happens!

henrik777

drewwhonumba2 said:

The set aside hearing is now set for Feb 13th

I think i may have just discovered some damning evidence in my favour

From a SAR to Gladstones they sent me all previous correspondence including a letter dated May (1 month before CCJ) that had been sent to my new address stating that they are proceeding with the claim but due to a trace had found my new address and would give me more time to respond

This letter did not include my flat number so was never recieved - there are 16 apartments in my flat at the letter was addressed to 'THE HOUSE' rather than 'XX The House'

They then sent a letter to my old address stating that they had obtained judgement and that if i paid within 30 days then no CCJ would show on my credit report

So they carried out a trace, partially found my new address which was not correct then proceeded to serve a claim at my old address then continue correspondence at my old address

Would love your comments on this

 Just checking, you mean 1 month before a ccj was awarded or 1 month before the date of the claim form ?

drewwhonumba2

Update, i recieved a call from Gladstones today saying that their client would agree to set aside as long as i pay a reduced sum of £190. I politely requested that they read my files as i do not owe the original debt and have requested that my costs are paid. Guess ill be seeing them this week in court 

nosferatu1001

Panic from them , i would guess. 

drewwhonumba2

henrik777 said:

drewwhonumba2 said:

The set aside hearing is now set for Feb 13th

I think i may have just discovered some damning evidence in my favour

From a SAR to Gladstones they sent me all previous correspondence including a letter dated May (1 month before CCJ) that had been sent to my new address stating that they are proceeding with the claim but due to a trace had found my new address and would give me more time to respond

This letter did not include my flat number so was never recieved - there are 16 apartments in my flat at the letter was addressed to 'THE HOUSE' rather than 'XX The House'

They then sent a letter to my old address stating that they had obtained judgement and that if i paid within 30 days then no CCJ would show on my credit report

So they carried out a trace, partially found my new address which was not correct then proceeded to serve a claim at my old address then continue correspondence at my old address

Would love your comments on this

 Just checking, you mean 1 month before a ccj was awarded or 1 month before the date of the claim form ?

Hi Henrik, 
Letter before claim was sent to incorrect address on 2nd May (This is my new address but was incorrect so never reached me) 
Default judgement was on 5th July to old address 
Letter from Gladstones was sent to old address (same as address on judgement) on 15th July 
Gladstones have rung me twice today to offer a set aside by consent but still wish me to pay a 'reduced' settlement of £190 
Given the fact that they are negotiating on the settlement as well as agreeing to set aside it would suggest they feel they dont have a strong case 
I'm waiting for this offer in writing via email and will tel them that the only way to avoid court is to agree to set aside the CCJ, dismiss the original claim and pay the set aside fee. 
Actually, i'm now starting to think that i should request more costs