CCJ without my knowledge

Sebastian83

Stupid question maybe, but what would happen if I would address the application to my local court, but would send it via email to both Courts, the Business Center in Northampton and my local one?

Redx

I would not do that , you have phoned the CCBC and got their advice to post it to them , you are checking your local court in case they wish to deal with it , don't do both , it's one or the other depending what you are told on Monday

Sebastian83

Okay, so I gonna wait till Monday before I send it.
I have attached a draft order as well, but no draft defense as I explained in my witness statement I can't do that before I got all the information I need. Is that right?

Sebastian83

Could anyone confirm if this is the right email address to send my whole application as pdf to?


"Fee paid applications:

ccbcfees@justice.gov.uk "

https://courttribunalfinder.service.gov.uk/courts/county-court-business-centre-ccbc

KeithP

If you are dealing with your local court, it makes no sense to involve the CCBC. It's just an unnecessary step that can only complicate matters.

Read again my post on your thread on 23 October at 4:46PM.

Redx

I suggest you read what Johnnersh wrote today in another CCJ set aside case where he sets out the basics of set aside , nothing to do with the PCN or particulars of claim on the original court claim

https://forums.moneysavingexpert.com/discussion/6205985/default-ccj-filed-against-me-and-court-letters-sent-to-wrong-address#latest

He lays out the basics for a set aside , concentrating on why the person is asking for it , using the set aside rules , nothing to do with parking , it could have been a rent issue , or non payment for goods received , not paying a car mechanic who fixed your car

Take his advice extremely seriously and follow it to the letter , before submitting your documents

Sebastian83

Redx said:

I suggest you read what Johnnersh wrote today in another CCJ set aside case where he sets out the basics of set aside , nothing to do with the PCN or particulars of claim on the original court claim

https://forums.moneysavingexpert.com/discussion/6205985/default-ccj-filed-against-me-and-court-letters-sent-to-wrong-address#latest

He lays out the basics for a set aside , concentrating on why the person is asking for it , using the set aside rules , nothing to do with parking , it could have been a rent issue , or non payment for goods received , not paying a car mechanic who fixed your car

Take his advice extremely seriously and follow it to the letter , before submitting your documents

Thank you very much, I have read the thread right now and to be honest, I reckon my application is not too bad after two days of work. If anything, it's a bit too long, but I concentrated mainly about the issue that the judgement has been entered after sending letters to a address I'm not living at since August 2019 and that my correct address could have been easily found out. In addition I explained how I found out about the judgement and proofed that I have acted promptly.
In addition to my application I have made a draft order and my witness statement and I have attached a bunch of documents that prove my correct address since 01/09/2019. I also attached the address link page of my credit file that shows that since September 2019 my address could be found easily through my credit file.

Tomorrow I gonna call my local court and double check if I really should send the application to the CCBC or to my local court. If they confirm I shall send it to the CCBC I gonna send it via email to Northampton. If not I gonna change all the documents again tomorrow night after work and send it tomorrow night via email to my local court.

Redx

Excellent , sounds good to me , good luck !!

Come back here to this thread if the set aside is granted , for help on the reinstated court case

You should have your SAR reply by then too

You would be defending against the original PCN and court case , plus trying for a win with all your costs reimbursed !!

Ralph-y

Remember that when you ring you may well be on hold for long period(s)

cup of tea ready . phone fully charged / plugged in /  ..... reading material ready ... perhaps some forum threads on what comes next

Ralph

Sebastian83

Hello.


I got an update and would really appreciate your advise.

First of all, I have submitted my application today via email to the CCBC after having called my local court and having asked them if I shall send it to them. They advised that I shall send it to the CCBC. 

Long story short, soon after that the CCBC has send me an email and said the help for fees has been declined due to my income. I was always expecting that as I work 7 days a week around 12 hours a day.
Okay, so I called them after having received the email and said I want to pay the £255 over the phone and asked why I haven't got a reply to my email from last week Wednesday that I ask for the claim and the judgment being send to me. Thet said because first I have to pay another £10 to them for getting a copy of the judgement... 

So I paid £265 over the phone and got an email from the court right now.

Now I finally know what the claim is. 
And here it comes: 
They said that I would have parked in June 2019 my car on a small car park of a local Asian supermarket. 
They have sent me the date and said that on this date I would have come at around 4pm and left at after 12pm.  
I have no idea how I would have managed that! 
So I reckon they are saying I parked there till the next day at after 12pm.

So here is the point: This supermarket is about 2 streets away from our previous address at that time and my wife is going shopping there around 3-4 times a week for meat, vegetables and small groceries, but has never ever parked there longer than 1 hour! 

So what can I do now about this? My application has already been submitted to the court. 
How can I tell them that this claim is simply not true? 
And shouldn't the claimant be the one who needs to prove his claim anyway? 

It may well be that my wife was at that supermarket the one day at 4pm and the next day at after 12pm, but never left our car there! 
Is there anything I can do now?