I have received a letter from ELMS Legal?

Coupon-mad

Where did this imaginary 3 week window come from? 
Why are we talking in riddles about a timeline?

If claims were not served to the correct address, then IIRC, henrik777 has confirmed before, there is no deadline to set aside CCJs as it (likely) falls within the mandatory set asides route.  Feel free to correct me if I am wrong, henrik777.

henrik777

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2  The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered.

That's the rule. No time limit.


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.




Incorrect/invalid service falls under the first of those rules so in those circumstances there is no requirement to act promptly.

It is still advisable to act promptly in case you need to rely on a fall back position such as real prospect  of successfully defending the claim etc. 

growbag

IloveElephants - If it is any comfort I have also received a 'field agents' letter from ELMS but following another from the parking company (VCS) claiming that a CCJ was ordered against me 3 weeks ago (I have received nothing from the courts - and CCBC was closed that week). As suggested above - check with TrustOnline - they will be able to tell you whether a CCJ was issued - TrustOnline have confirmed to me in writing that they have no record of a CCJ under the claim number although I am not sure whether there is any delay in registering CCJs. I will be calling ELMS to ask for the court number and date as recommended above.

IloveElephants

I still havent receive any replies to the carpark companies when I requested the SAR

nosferatu1001

Trust online are up to date, equifax can take a month to be updated. 

nosferatu1001

Then dont.
Trust online is definitive. If youre happy taking a risk then do so. 

Le_Kirk

IloveElephants said:

I still haven't receive any replies to the car park companies when I requested the SAR

When did you submit your request?  They have 30 days to respond.

IloveElephants

Le_Kirk said:

IloveElephants said:

I still haven't receive any replies to the car park companies when I requested the SAR

When did you submit your request?  They have 30 days to respond.

Le_Kirk said:

IloveElephants said:

I still haven't receive any replies to the car park companies when I requested the SAR

When did you submit your request?  They have 30 days to respond.

3 weeks ago

Thank You

IloveElephants

nosferatu1001 said:

Then dont.
Trust online is definitive. If youre happy taking a risk then do so. 

Thanks for
your comment, what do you mean taking a risk by using Equifax?

nosferatu1001

The obvious one, that Equifax is a secondary source of data, with a well known delay in receiving updates. Trust online isnt.