Fighting a UKCPM CCJ Help

Coupon-mad

Just tell us what the issue is, and no we can't assist with a bog standard set aside by pm, we have no time.

Le_Kirk

sofa_searcher said:

Hi all, I believe I may in need of desperate help. I there someone on here that is trustworthy that I can make contact with to help with my case?

nosferatu1001 said:

Just post up here. Seriously 
given your case so far is nothing out of the ordinary for a set aside, why the desperation?

ALL of the regulars are trustworthy - just look at how many posts they have.  If this is ongoing from your previous posts, it is a set-aside and you cannot afford to waste/use any more time as the critical factor when attempting a set-aside is SPEED.  What is the hold up now and where are you in the process?

sofa_searcher

I received their core bundle index. None of the information I sent for inclusion is in their core bundle index. They also mentioned they have submitted a copy with the court. I also noticed that the SAR request I made earlier in August does not include some information they have now included in their core bundle.
I'm not feeling confident because they say the set aside should be dismissed on the basis that they used the address on my appeal letter for Jun 2018. I did not receive a letter so I sent another letter in August 2018 saying I didn't get a letter. I moved out of the flat in Sept 2018. 
I am confused as to my next steps. Do I just submit my own core bundle and also mentioned the fact I asked them to send me their information before submission to the court?

Le_Kirk

Is this the bundle for the hearing?  When is the hearing?  Is it telephone/video or F2F?  What does your notice about the hearing state reference sending your WS and evidence?

Coupon-mad

Do I just submit my own core bundle and also mentioned the fact I asked them to send me their information before submission to the court?

Yes, this is simple to address.

sofa_searcher

Le_Kirk said:

Is this the bundle for the hearing?  When is the hearing?  Is it telephone/video or F2F?  What does your notice about the hearing state reference sending your WS and evidence?

The set aside hearing is to be held over the phone on the 24th this month. The defendant have said they will not be attending.

KeithP

sofa_searcher said:

Le_Kirk said:

Is this the bundle for the hearing?  When is the hearing?  Is it telephone/video or F2F?  What does your notice about the hearing state reference sending your WS and evidence?

The set aside hearing is to be held over the phone on the 24th this month. The defendant have said they will not be attending.

Why won't you be attending? That's not a good idea.

Le_Kirk

sofa_searcher said:

Le_Kirk said:

Is this the bundle for the hearing?  When is the hearing?  Is it telephone/video or F2F?  What does your notice about the hearing state reference sending your WS and evidence?

The set aside hearing is to be held over the phone on the 24th this month. The defendant have said they will not be attending.

KeithP said:

sofa_searcher said:

Le_Kirk said:

Is this the bundle for the hearing?  When is the hearing?  Is it telephone/video or F2F?  What does your notice about the hearing state reference sending your WS and evidence?

The set aside hearing is to be held over the phone on the 24th this month. The defendant have said they will not be attending.

Why won't you be attending? That's not a good idea.

Hopefully the OP meant the Claimant will not be attending. 
@sofa_searcher As for your other questions - hopefully @Coupon-mad has answered them for you.

sofa_searcher

Sorry for the slip up, yes the Claimant will not be attending the hearing.

sofa_searcher

Update
I'm glad to say that I was successful with getting my CCJ Set aside. The hearing was held over the telephone and lasted about 15 mins. Gladstones did not attend so it was just myself and the judge. I didn't really have to say much as the Judge had read my core bundle and the bundle Gladstones sent without consulting with myself. Key things I would note

• The Judge appreciated that I had put together a really good core bundle particularly a page summarising the case so far. So I would say it is important to organise documentation in a clear and sensible manner.
• A draft order was also appreciated as it meant less work for the Judge and provides an indication of what you want from the hearing.
• As noted in earlier posts, the Claimant did not accept defective service as they believed that I provided an address via the appeal letters I sent to the PPC to challenge the issued PCN. They claim that since I responded from this address to the Claimant (PPC); they had no reason to believe I resided elsewhere. Myself and Judge disagreed with this and I noted that the address used could haven been for anything e.g. business  address. I also noted that the appeal letters had contact numbers, which had not changed to this date, that they failed to use in their search for a residence address.
• I was unable to get an order for the claimant to reveal their source information or agent used in obtaining my personal information for the purpose of issuing a PCN. I've sent another email to the DPO at UKCPM for answers. I'm thinking of submitting a SAR on the Trace agents and the solicitors. 
• I'm waiting on the final set aside order to come through the post and for the claimant to submit new claim forms.