I have received a CCJ on my credit score

Umkomaas

sounded a lot like those people that say ' i am not a US citizen, I am not a free citizen of the land,' your laws don't apply to me,

I would just want to have the PCN off my credit file

FMOTL tinfoil hat crap. You won't get anything off your credit file with that. 

KeithP

Backhereagain said:

send the link for a template...

Is that an order or a request? Difficult to tell.

Johnersh

Reading the thread, the o/p clearly needs to do some research. There is no substitute.  Google CPR application to set aside and try to get to grips with the arguments you need to present. 

That said, there are several issues here:

1. Failure to serve (provided correct address provided to DVLA on time). There would be a wealth of pre-action correspondence that was unanswered at least giving rise to the possibility that the defendant wasn't there. 

2. If the claimant did not file a certificate of service at court appending the full particulars of claim, I'd argue that they weren't entitled to judgment as the court had no record of the fully pleaded case.

FWIW, I would have some form of defence ready to go - even if a list of issues likely to be raised in any proceedings, based on the scant information you have, precisely to show it will be defensible. 

henrik777

Johnersh said:

Reading the thread, the o/p clearly needs to do some research. There is no substitute.  Google CPR application to set aside and try to get to grips with the arguments you need to present. 

That said, there are several issues here:

1. Failure to serve (provided correct address provided to DVLA on time). There would be a wealth of pre-action correspondence that was unanswered at least giving rise to the possibility that the defendant wasn't there. 

2. If the claimant did not file a certificate of service at court appending the full particulars of claim, I'd argue that they weren't entitled to judgment as the court had no record of the fully pleaded case.

FWIW, I would have some form of defence ready to go - even if a list of issues likely to be raised in any proceedings, based on the scant information you have, precisely to show it will be defensible. 

In many cases the DVLA address is a red herring. They access once at the beginning and never at anytime near the time of issuing of a claim. The longer the gap between accessing DVLA records and issuing a claim, the easier it should be to argue attempted service is defective. (obviously it will depend of each judge too as they think differently).

nosferatu1001

OP - post your forms here then

this isn't one more thing in the mix
this is what I suggest in every set aside. That a basic defence is appended to show a reasonable chance of defence. Given you've got only the vaguest of PoC a vague defence can be excused 

I have no bloody idea what you meant by the FMOTL stuff. 

Le_Kirk

nosferatu1001 said:

I have no bloody idea what you meant by the FMOTL stuff. 

Free Man on the Land - Ask Auntie Google.  I read it, still don't understand it - will just get on with my life!

nosferatu1001

Oh no I understand it, it just sounded like the OP was accusing me of presenting a FMOTL true defence - which I've never done. 

Coupon-mad

Yes I didn't understand it either, because this is not what we do at all!

Backhereagain

KeithP said:

Backhereagain said:

send the link for a template...

Is that an order or a request? Difficult to tell.

was just a request, this is very stressful and feels endless I am in a panic and I am getting nowhere. I write how I speak sometimes and it comes across as a rant
please excuse me

Coupon-mad

You need to remove those documents as they show your name and address.  You need to cover your ID.

The defence is terrible, bin it.   You do not need to file a defence with a set aside application, only a WS.
At no point should you be saying '1. It is admitted that the Defendant entered into an agreement with Civil Enforcement Limited on 13/01/2019.'. No, you didn't.