Default CCJ filed against me and Court Letters sent to wrong address

1505grandad

You have numerous correctly spelt "Judgment" (in this context)  -  but you also have numerous incorrectly spelt "Judgement"  i.e. should be no middle "e". 

Control + f will find them if required.

Johnersh

Civil court, not the magistrates.... Unless you're a criminal 

Error1234

Coupon-mad - Will get the statement of truth fixed.
1505grandad - Will get the spelling fixed. 
Johnersh - Oh! Will get that fixed asap. I have a full clean record, this one parking company decided to ruin it 
Also, I know my first Witness Statement (in my very first post, pg1) was too long but do I also need to mention that back in Feb 2020, I sent an email to Trace Recovery asking about why I'm getting these debt letters. I gave them my full address at my then residence and then everything went silent until October 2020. Does it need to be included in the timeline in my witness statement?

Johnersh

If it shows you engaged with them before court proceedings and still they got it wrong, then that's helpful to your point, I think.

Your statement is a matter for you. Just make it as clear/easily understood as you can. 

Error1234

I have seen that in various threads people have used "I" or "The Defendant". Which would be the proper terminology to use in my witness statement?

Umkomaas

A Defence - third person
A Witness Statement - first person. 

henrik777

Error1234 said:

Coupon-mad - Will get the statement of truth fixed.
1505grandad - Will get the spelling fixed. 
Johnersh - Oh! Will get that fixed asap. I have a full clean record, this one parking company decided to ruin it 
Also, I know my first Witness Statement (in my very first post, pg1) was too long but do I also need to mention that back in Feb 2020, I sent an email to Trace Recovery asking about why I'm getting these debt letters. I gave them my full address at my then residence and then everything went silent until October 2020. Does it need to be included in the timeline in my witness statement?

Well if you sent your current address to representatives of the claimant then it'd be a difficult proposition to argue that they had no "reason to believe" 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).


This would be the main focus of my argument because if service is not valid then the conditions for a set aside have NOT BEEN MET. This is a mandatory set aside.

Perhaps they then complied with the rest of the rules and used this as a last know address, but i doubt they could prove they did something in all likelihood they didn't do.

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –

(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b). 

Coupon-mad

We see almost every case agreed for a CCJ set aside.  I can't remember one refused for about 3 years.

Error1234

I see. That's good to hear. 
Regarding the next steps, I'm a bit unsure. Do I send my N244 form with everything to the County Court Business Center? Do I call them up, pay the fee and then after email them my N244 form?

Redx

Error1234 said:

I see. That's good to hear. 
Regarding the next steps, I'm a bit unsure. Do I send my N244 form with everything to the County Court Business Center? Do I call them up, pay the fee and then after email them my N244 form?

I can see you have not been following this thread lower down the page , a classic error !!

https://forums.moneysavingexpert.com/discussion/6204737/ccj-without-my-knowledge/p1