CCJ- Set Aside- CLAIMANT DISCONTINUED

henrik777

I'd certainly be asking the DVLA what addresses they've held on you. Check the story out.

nosferatu1001

Le_Kirk - cant do that. THe costs of the set aside have been decided. They have not been reserved

Le_Kirk

nosferatu1001 said:

Le_Kirk - cant do that. THe costs of the set aside have been decided. They have not been reserved

Noted.      

henrik777

nosferatu1001 said:

Le_Kirk - cant do that. THe costs of the set aside have been decided. They have not been reserved

I'm not certain. Ordered to pay back but what of the result have been had the respondent been present ?

Costs:
I have to repay the £255 to the Claimant as this was awarded to me following the 1st Set aside which they did not attend.
I requested that costs be reserved for the defence hearing - The Claimants representative did not accept this. The judge took a few minutes to deliberate and advised what the outcome of costs would be had the Claimant been at the 1st set-aside hearing......He returned and stated that I still had to pay the £255 to the Claimant. This will be on the court order and I have 21 days to pay.

dtnwf

I did not receive the claim form from the CCBC, just the PoC. I did not query it and assumed it had went to the address where Gladstones had sent confirmation that a default judgment had been obtained (letters provided from SAR). Only when it was brought up today did I state I have never been there or know of it's existence or have any affiliation to it. I asked the Claimants representative to confirm the town name again which she did.

As for the DVLA, I most certainly will look into that and contact them with regards to what addresses they hold. I did carry out a SAR in respect to when my details were provided regarding the PCN but it does not provide addresses.

Is there any way I can counter sue or start a claim myself? Again, I don't say this lightly but I'm quite sure they have acted fraudulently, as such, they never should have been able to obtain my details. Had they not obtained my details they would never have been able to obtain the default CCJ and I wouldn't be out of pocket. 

nosferatu1001

Costs have been decided, thats why a consumer has been asked to repay. 

Coupon-mad

Hmmm, but I don't see why the OP couldn't sue for the £255 loss as a separate claim afterwards, showing the evidence that the C caused this loss.  This Judge was utterly clueless, as others have said - what more evidence of a non-served claim did the Judge want, than an admission that they sent it to a completely different address and town that the D has never lived at?

nosferatu1001

Mostly because its too late to do that, at a later time.
To my mind this is a cost of this claim, and should be dealt with now via a proper Application 

dtnwf

Hi, I have a question....
I have yet to receive the court order (will contact court about that), regardless, I have to download, complete and send off a Directions Questionnaire (N180) as per what the Judge stated during the hearing. The issue is, i'm not sure where I should send it or what address to put. I am due to move next week, out of the jurisdiction/out of England. I have set mail redirection starting the day before I move. 
Apologies if the answer is obvious. Should I use the new address and put my 'soon to be' local county court OR as the set aside hearing has been heard in my current local county court, is that the court I send to and put my current address? OR is it sent to NCCBC?

dtnwf

Just as i'd pressed 'post comment' the postman arrived with the court order.
'6. Cost of the Claimant's application and Defendants application heard today shall be costs in the case'. 
Could someone explain that?