CCJ at previous address from PPC

nosferatu1001

Congrats!
As you say - file the defence rather quickly. Youve done most of the work I would say
It would be tempting to file a counterclaim with your defence - for damages to cerdit rating etc. Any other costs you have incurred are DAMAGES they owe you. You will need to add this counterclaim on after your defence, and pay the appropriate fee. This has the advantage that IF they then discontinue your claim, your counterclaim is still live - you will need to poay the hearing fee, but you still get a hearing. 

drewwhonumba2

nosferatu1001 said:

Congrats!
As you say - file the defence rather quickly. Youve done most of the work I would say
It would be tempting to file a counterclaim with your defence - for damages to cerdit rating etc. Any other costs you have incurred are DAMAGES they owe you. You will need to add this counterclaim on after your defence, and pay the appropriate fee. This has the advantage that IF they then discontinue your claim, your counterclaim is still live - you will need to poay the hearing fee, but you still get a hearing. 

Thank you for the comment and your recent help! At least now i can sleep a bit easier knowing my credit file will soon be back to normal. I'm really interested in this approach and will write a new comment with a few pointers, if you have a minute to check it would really help me.

drewwhonumba2

so, i'm now back to reading the newbies thread and have just read Bargepoles post on filing a defence, i have a few questions about the process now as its off the back of a set aside. 

Does MCOL still apply and do i need to acknowledge service or is it straight to submitting a draft defense? 

I still haven't received any documents relating to the original claim - no response to SAR from UKCPM  - so i still do not know their original particulars of claim or evidence

Given this fact shall is it ok to submit my defence as per the draft defence that I have already prepared below which relies on failure to transfer liability to hirer?

Can somebody point me to the process or any threads relating to counterclaims, i'm most interested in this stage as to when this needs to be filed. 

The counterclaim will be seeking damages for damage to credit file (I also now have a reduced credit availability as one of my credit cards reduced the limit after the CCJ) and distress caused by breach of DPA. 

I can also prove that this caused the distress as the day after i found out about the CCJ I sought help for anxiety and stress from my work health insurance and have been receiving treatments to date of which this case has been a part of discussions with the healthcare provider

I believe there are many similar points to the below case which Lamilad assisted in so it would be great to be bale to see the actual defence and counterclaim 

https://forums.moneysavingexpert.com/discussion/5879258/court-report-ukcpm-hit-for-1-000-gladstones-incompetence-shown-up-again/p1

drewwhonumba2

hi all, 
Just a quick update. 

After a successful set aside a new trial date was set for 7th August. I had to submit my bundle by yesterday which I got in on time. 

Today I received a notice of Discontinuance from Gladstones on behalf of UKCPM 

 I believe another one bites the dust! 

Thanks too all who contributed to the advice over the last few months its hugely appreciated

nosferatu1001

Did you get your costs of set aside back
Congrats on the discontinuance. 

Coupon-mad

Nice - ANOTHER UKCPM ONE BITES THE DUST!

But tell us you are NOT £255 out of pocket for the CCJ set aside please?  If you are, follow up your submission with an email aking the court not to vacate the hearing but to leave it listed, as a costs hearing for the Defendant who has after all already paid £255 and submitted a N244 form months ago, spending hours on the case to bring the dispute to a proper conclusion.  Or alternatively, invite the court to use its case management powers to Order of their own volition that the Claimant do now pay your £255 reserved set aside fee and attendance costs from the CCJ set aside hearing, due to their defective service of the claim, no reasonable steps having been taken to find you before the claim was served, filing an exaggerated claim, abuse of the court process and then running away hoping to avoid costs.

You did append your summary costs assessment already?  Mention that you did and ask for the hearing to consider those costs.

drewwhonumba2

Coupon-mad said:

Nice - ANOTHER UKCPM ONE BITES THE DUST!

But tell us you are NOT £255 out of pocket for the CCJ set aside please?  If you are, follow up your submission with an email aking the court not to vacate the hearing but to leave it listed, as a costs hearing for the Defendant who has after all already paid £255 and submitted a N244 form months ago, spending hours on the case to bring the dispute to a proper conclusion.  Or alternatively, invite the court to use its case management powers to Order of their own volition that the Claimant do now pay your £255 reserved set aside fee and attendance costs from the CCJ set aside hearing, due to their defective service of the claim, no reasonable steps having been taken to find you before the claim was served, filing an exaggerated claim, abuse of the court process and then running away hoping to avoid costs.

You did append your summary costs assessment already?  Mention that you did and ask for the hearing to consider those costs.

Hi Coupon Mad

I already received  £255 + costs for attending the set aside hearing so i'm actually up by around £100  

I did submit another schedule of costs but as there wont be a hearing this wont be considered 

D_P_Dance

I already received  £255 + costs for attending the set aside hearing so i'm actually up by around £100

Peanuts, read this

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim