I have received a letter from ELMS Legal?

nosferatu1001

And you know for sure no more are sat out there waiting to be added to Equifax? 

IloveElephants

nosferatu1001 said:

And you know for sure no more are sat out there waiting to be added to Equifax? 

Good point, that I dont know,

Le_Kirk

Why have you started a new thread, always best to keep to existing threads and that way regulars don't need to keep darting between threads and you have all your advice in one place.

Coupon-mad

You need to crack on this week with the N244 and WS, regardless of finding out all your evidence of where you worked.  Needs to be done this week.  The SAR is here so you know what the PCNs are about now and that the letters went to an old address where you were not living and an elderly relative may have binned letters.      

You can just state what you remember in your WS and explain why you were not at the family home during that period, and that you were there to be found in London, had the Claimant take reasonable steps to find you.  Given the silence from their letters, they had a reason to believe you were not at that address and shoudl have carried out a trace and/or looked for social media posts and finance soft search records, or just written to the residents at the family address and asked for a forwarding address.

Coupon-mad

Don't forget you may need to pay two x £255 but try one, quoting both claims numbers and see what the CCBC say!

Coupon-mad

The only fear I have is in case the judge reports me to the dvla for not changing my address

Never happens.  No worries. 

Read the example set aside posts about DRAFT ORDERS in the NEWBIES thread, including also reading Johnersh's recent suggested wording (search through his replies...) as it would be good if we could incorporate a requirement for the two claims to be heard at one set aside hearing and continue only as a single claim, because of the long-established case law in Henderson -v- Henderson [1843] 67 ER 313, and more recent authorities, establishing the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case.

The Court is invited to consolidate the two claims to be determined together and as such, the Defendant has applied with one N244 to save costs for the court and both parties.

Coupon-mad

Yes and attach a draft order, I just replied on another thread with suggested wording to explain why you have only filed on N244 and what the court can be 'invited' to order.

Le_Kirk

IloveElephants said:

Le_Kirk said:

Why have you started a new thread, always best to keep to existing threads and that way regulars don't need to keep darting between threads and you have all your advice in one place.

Thank you I will close this thread threat and copy my message to my old thread threat on this topic. Thank You

Suggest you contact a board guide and ask one of them to merge your threads as you seem to have had several replies on here that you won't want to lose.  Board guides are Crabman, Savvy and Soolin

Coupon-mad

You are not just filling in the N244, you are ticking the box to say you are attaching a witness statement to support your application.  Examples of a WS and a Draft Order (of what you want the Judge to grant) are in the NEWBIES thread for you to copy & adapt.

I'm sure I also gave you wording to explain that you are making one single application because the 3 claims relate to similar matters & facts that should hav been advanced in the first claim, and the later two claims were estopped due to duplicate causes of action.  It would not meet the small claims track proportionality rules for a consumer to pay an unconscionable 3 x £255 to move the matter forward to the single set aside hearing that is needed to dispose of the 3 CCJs, setting aside the first one (due to reasons in the witness statement) and striking out the two duplicate subsequent claims altogether, due to cause of action estoppel and breach of the fairness test within Schedule 2 of the Consumer Rights Act 2015.

KeithP

IloveElephants said:

...im struggling to find one what I want the judge to grant. 

Search the forum for six point draft order.

In fact, no need to do that searching - all the information you need is in the NEWBIES thread - as Coupon-mad says.

And don't start any more threads. You now have three threads about these CCJs, if you count the one on Credit File & Ratings board.