County Court Business Centre

Le_Kirk

yl91 said:

Le_Kirk said:

Make sure you get a receipt and send that to CCBC to make sure the CCJ does not get onto the Credit Report.  Then start looking at the NEWBIE sticky for "set-aside"

She just made the payment due in full via the DCBLegal website, Sshe didnt manage to get a receipt. Once the payment was made the page refreshed and didnt give her time to take a screenshot. I've asked her to contact them to try to get a copy of the receipt. In the meantime i'll have her read up the "set aside" post.
EDIT: Shes received the receipt now. Was just a slight delay but i thought this was maybe one of there tactics.

Phew!               

nosferatu1001

We still dont know for sure it was in time, as the OP wasted so much. 

yl91

Okay just an update, weve emailed CCBC with a receipt of the invoice.
We've sent an email to the solicitor to confirm the payment and confirm to the court also. We had a reply to say they acknowledge the receipt and the DCBL.

We are currently working on the SAR to send to the DPO and we've also been giving the "set aside" a thorough read. If the judgement was dated on 14th december and we paid within 30 days does that mean she doesnt get a CCJ on her record?

nosferatu1001

"working" on the SAR? Its a five min job!
It depends on what the court considers to be the time limit tot pay. IIt is USUALLY 30 days. 
But You need to get working on your paperwork NOW. 

yl91

nosferatu1001 said:

"working" on the SAR? Its a five min job!
It depends on what the court considers to be the time limit tot pay. IIt is USUALLY 30 days. 
But You need to get working on your paperwork NOW. 

Yeah it only took about 5 minutes. Took longer looking for the DPO info.. 

yl91

nosferatu1001 said:

"working" on the SAR? Its a five min job!
It depends on what the court considers to be the time limit tot pay. IIt is USUALLY 30 days. 
But You need to get working on your paperwork NOW. 

When you mean paperwork, do you mean writing up the defence?

nosferatu1001

Its far, far more than that
You have not looked at the threads indicated yet, have you?!
1) N244 setting out the CPR13.2 AND the CPR13.3 grounds for set aside
2) Witness statement supporting the reason you should be granted a set aside, not supporting the defence. CPR13.2 and CPR13.3 reasons set out here. Back up why 13.2 applies
3) Draft order, usually 6 points, which is the Order you want the court to make as a resultof your set aside hearing. Dates are left as XXXXXX as you have no idea what to put in there, none. The court does that. 
4) Draft defence (to support CPR13.3) 
5) All exhibits that you introduce in your WS to support e.g. there to be found at new address, not at old address since Y date proven by something official, etc. 
So yes, a lot more
That's why you have been told, multiple times now, to get moving on this. You have wasted a lot of time due to your gross mistakes and you are not getting the importance of moving qwuickly now.
Because you wasted so much time, you are in danger of losing your CPR13.3 ability to set aside, because this requires you to act promptly. While this is not strictly defined, usually within 3 weeks is considered OK. It has been more than this time. 

yl91

nosferatu1001 said:

Its far, far more than that
You have not looked at the threads indicated yet, have you?!
1) N244 setting out the CPR13.2 AND the CPR13.3 grounds for set aside
2) Witness statement supporting the reason you should be granted a set aside, not supporting the defence. CPR13.2 and CPR13.3 reasons set out here. Back up why 13.2 applies
3) Draft order, usually 6 points, which is the Order you want the court to make as a resultof your set aside hearing. Dates are left as XXXXXX as you have no idea what to put in there, none. The court does that. 
4) Draft defence (to support CPR13.3) 
5) All exhibits that you introduce in your WS to support e.g. there to be found at new address, not at old address since Y date proven by something official, etc. 
So yes, a lot more
That's why you have been told, multiple times now, to get moving on this. You have wasted a lot of time due to your gross mistakes and you are not getting the importance of moving qwuickly now.
Because you wasted so much time, you are in danger of losing your CPR13.3 ability to set aside, because this requires you to act promptly. While this is not strictly defined, usually within 3 weeks is considered OK. It has been more than this time. 

Grateful for your time taken for the reply.
Will get on with it and update as we go.

Coupon-mad

The NEWBIES thread has examples of set asides.  They are there for people to copy from.

yl91

IN THE COUNTY COURT BUSINESS CENTRE at xxx Claim No. xxx BETWEEN: WALTON WILKINS T/A PREMIER PARKING LOGISTICS (Claimant) – and – xxx (Defendant) _______________________________ DRAFT ORDER _______________________________ IT IS ORDERED THAT: The judgment dated xx December 2020 be set aside. The Defendant shall file and serve its Defence by 4pm . The Claimant shall pay the Defendant’s costs of this application to the sum of £255 The Claimant has permission to file and serve a reply if so required.

_______________________________ WITNESS STATEMENT _______________________________


1. I am xxx and I am the defendant in this case. This is my supporting statement to my application dated xx December 2020 requesting to: Set aside the default judgement dated xx December 2020 as it was not properly served at my current address Order for the claimant to pay the dependence £255 as reimbursement for the set aside fee Order the original claim to be set aside.

2. Default Judgement

2.1 I understand that the claimant obtained a default judgement against me as the defendant on xx December 2020. However, this default judgment has not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a message from my parent who has opened my letter that has been redirected to them from the old address (xx)

2.2 I understand that the judgment was served at an OLD address (xx). However, I moved to my current address at the beginning of 2019. In support of this I can provide confirmation showing my updated details for the purposes of paying Council tax at my new address. See EVIDENCE A

2.3 I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

2.4 Although all my details had been changed to my new address, including my driving licence I overlooked my V5 until 2020 when we part-exchanged our car. SEE EVIDENCE B. The V5 was registered at my parent’s address at the time, but my parents has moved from that address so that has lead me to not receiving any letters regarding this incident. As I did not receive anything, I have no idea as to where and when I was parked or fined nor did I have the chance to reply to the original claim form the court has sent. This serves as evidence that I have not attempted to avoid any debt or contact.

2.5 I suggest the claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a claimant has reason to believe that the address of the defendant referred 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 . At the time of the County Court Judgment, my V5C, driving license and HMRC records were registered at my new address so I was there to be found by a simple trace SEE EVIDENCE C. Furthermore, considering they received no response from me to their correspondence I believe the Claimant had reasonable cause to question whether they were using an accurate address and that simple searches could have provided them with the correct address.

 2.6 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details. According to publicly available information, my circumstances are far from being unique. The Claimant appears to have consistently failed to reasonably pursue the claim, as has been referred to as the practice of ‘Credit Clamping’, which several members of the Government have strongly condemned. Prime Minister Theresa May has pledged to investigate the ‘abuse’ of the CCJ system, while The Rt Hon Sir Oliver Heald QC MP has been quoted as saying on 23rd December 2016: "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address." and "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

2.7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

2.8. Considering the above I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

Statement of Truth I,xxx, the Defendant, believe the facts stated within this Witness Statement is true.
Signed: ______________________________
Dated:

Most of the points are from existing thread which I have used that are relevant for my case. Is this ok to send off?