BW Legal Letter, confused about what stage I'm at!

RidgebackPlanter

nosferatu1001 said:

So OP be blooming clear
Did you ever live at that address? Yes or No. You keep mentioning a house share. It implies you lived there at some point
We dont mean did you live there at the time the claim form was issued - and it is where ther eCLAIM FORM went that matters, NOT the judgment, so correct that! - but did you EVER live there. If you can state no, you never ever lived at that address, then keep going

@nosferatu1001 I have never lived at the address to which the CCJ is linked (let's call it address A). I did live at the address the PPC sent the original PCN NTK to (address , but I'd moved out a year previous.  Should I keep going with my set aside claim?

I was under the assumption that because the judgement was sent to address A, that was what I could contest. I don't know when or why BWL changed from writing to Address B (a correct former address) to Address A (not a correct former address). 

RidgebackPlanter

sunglasses emoji it meant to say Address B

Le_Kirk

Just put a space after the B and before the , and it will clear the emoji.  It matters not where they sent the judgment, that is AFTER the court hearing.  What matters is where they sent the PCN, reminders, LoC and court claim form (N1).

RidgebackPlanter

After the PPC sent the initial NTKs to a correct former address I don't know what BWL did. They are ignoring my emails requesting the particulars of the claim, and on their recent letters which got to me any my current address they only site Address A (the incorrect address) in the "with regard to:" section. 

Johnersh

@RidgebackPlanter before judgment was handed down by the court, there would have been a claim form. That is the start of court proceedings.

As I understand it, you first became aware of the adverse judgment on 03/02/2021 when BW Legal traced you to your current address. 

The claim form (which specifies the facts of the claim and amounts claimed) is the critical document here. That is the one that needed to be sent to your address. Have you even seen it? Has BW Legal ever supplied a copy of it to you?

Stop trying to explain how they may have presumed an old flatmate's present address was a location you may also live at.  That's for them to try and explain. If you never lived there, it's not good service. If you never lived there, your car was presumably never registered to that address either?

I suggest you read the cases you refer to and the rules and don't just quote them randomly. It's important you understand your arguments if you are to justify them properly.

Johnersh

If the claimant won't supply a copy of the claim form the court will be able to. 

nosferatu1001

As above, really!
OP - what matters for the process of set aside is the claim form. If this was sent to an address you never lived at, no matter WHYT they decided to send it to that address, then they did not serve the claim form, as you have been told
No need to speculate in your WS why they sent it to address_never_lived. It doesnt matter., What matters is the fact they sent it there, and that means it wass not served

RidgebackPlanter

OK thanks this is really helpful. No i have never seen a claim form and no my car was never registered at Address A. I'm going to call the court and try and get a copy of the claim form before I submit my set aside request. 

nosferatu1001

You could just confirm the address
Show us your revised wording -so far you have ascatter gun approach. Dont. You need to make ure you havea concise argument

Johnersh

Get the claim form as you're absolutely entitled to it and it is the only document that reveals what they have alleged to the court about the parking event.