Civil Enforcement Limited - CCJ Obtained - Wrong adress on letter

henrik777

You know you probably can't wait the time they'll take to reply though, right ?

RINCO

henrik777 said:

You know you probably can't wait the time they'll take to reply though, right ?

I am aware but you never know... It would be very handy to have the Information in the meantime currently investigating eligibility for gov funded court costs 

RINCO

Le_Kirk said:

These have been proven to work: -

office@ce-service.co.uk

Legal3@ce-service.co.uk

dataprotectionofficer@ce-service.co.uk

Amazing thanks

RINCO

Ok so development on this. 

3 further letters have come through with 3 further separate contraventions. Dating from 2015 

Rang the business centre and they have sent through the claim forms for all four claims. 

The dates on the forms are as follows
April 2016 
Jan 2017 
May 2017 
March 2017

From speaking to my friend further she says the CCJ’s did appear on her credit report a while back. I was not aware of this prior.

 Can you still apply for a set aside this far ahead? even though the claim forms are from years ago

The funding for court costs has been applied for. On the website it says it may take up to 21 days for initial review. It’s asking us to send a CJR040a with a reference number to the court. Is that the claim form we got from the business centre raised by CE? Or can I send the set aside form with this reference on it to the court and it’ll be handled the same way? 

Thanks all 

RINCO

It’s worth mentioning also that the address on the claim form is not the current one BUT my friend was a resident there at the time But does not recall receiving the claim forms. Even taking that into account it now wouldn’t be possible to argue that the forms were sent to the wrong adress as she resided there at that time. have we hit a brick wall here? 

Coupon-mad

Yes, a hurdle at least, if she was a resident. Maybe it was a shared flat where post went missing (if true)?

I'd say her WS needs to state the above (if true) and also ask for discretionary set asides for each one (she will have to do a separate application for every one so I hope she qualifies for zero fees!). 

One argument could be the Henderson v Henderson argument (search the forum) about filing more than one claim instead of advancing all duplicate issues in the first claim.  On any interpretation, to file four claims, one month at a time, is an abuse of process, and attempt to enhance the fees and intimidate consumers in the hope of getting several CCJs as a form of 'credit clamping', such that people might end up panicking and paying CEL over £1100 in the end, for 4 PCNs (£400).

The funding for court costs has been applied for. On the website it says it may take up to 21 days for initial review. It’s asking us to send a CJR040a with a reference number to the court. Is that the claim form we got from the business centre raised by CE? 

No, it's not, it must be something to do with claiming help with fees, surely?

Or can I send the set aside form with this reference on it to the court and it’ll be handled the same way? 

Yes.  The reference shows there is an application for help with fees.

RINCO

Thanks CM. Unfortunately it is a house not a flat with a post box on the entrance door. Hard one to give a valid reason why there was no correspondence IMO. Close to the ‘dog chewed my homework’ excuse. 

Coupon-mad

Then she goes with the discretionary set asides in the interests of justice (Henderson v Henderson stuff, copy it from another thread) plus the fact they have added £60 to every PCN to illegally inflate them.  If she qualifies for help with fees then this is a no brainer.  She will have to show she has VERY good prospects of success in defending the claims.

RINCO

Coupon-mad said:

Then she goes with the discretionary set asides in the interests of justice (Henderson v Henderson stuff, copy it from another thread) plus the fact they have added £60 to every PCN to illegally inflate them.  If she qualifies for help with fees then this is a no brainer.  She will have to show she has VERY good prospects of success in defending the claims.

Ok will look into that. With regards to defending the claims I’m hoping the SAR tells me more about what Actually happened but I am time concious realistically can this wait up to a month? I’d rather not have the N244 submitted without any other supporting articles  

Coupon-mad

Yes because no defence is needed yet. 

You know that right now, it's just a Draft Order and WS (about why a discretionary set aside should be granted for this torture x 4 - make sure every WS lists ALL FOUR claims so the Judge can join up the dots. In each WS, ask for ONE hearing for the lot, to save the court time and money, and to resolve in one go, claims that should have been filed as one).