CCJ old address for PCN's Partner received-need set aside & removed from credit file ASAP

Coupon-mad

Why not read any other CCJ set aside threads, there are 2 linked in the NEWBIES thread and you don't just file a line N244.  This is why links are provided to good example threads, in each section of the NEWBIES thread.

IrishAK

Coupon-mad said:

Why not read any other CCJ set aside threads, there are 2 linked in the NEWBIES thread and you don't just file a line N244.  This is why links are provided to good example threads, in each section of the NEWBIES thread.

Believe me I have!  henrik777 example was awesome and the great cases by ferrybird  error and 123MrsT I have spent numerous days and hours on this, and yes understand your frustration at having to answer the same questions again and again. 

however you can see I have looked things up got information from other sources and am still confused so thought it was ok to ask for help. 
I haven't seen anyone ask  ( prob because I am stupid) but the basic question of which court  and the claim number I put at the top of the WS and DO , 
logically I presume its the ccbc and the default claim number, but equally could be the new court and whatever they decide to allocate this claim as? 
I have never submitted court documents and am very nervous, so anything would be great! 

IrishAK

guess that's a no for help then   
have spent the rest of the evening searching and still none the wiser, gonna risk it and put the CCBC and the old claim number and hope not flushing £255 down the drain. 

henrik777

Sorry, very busy at work 

I would ask the claimant who they want it sent to. That's they only way you can know if the legal firm are still acting for them.

IrishAK

henrik777 don't be sorry, just frustrating as I could see everyone's posts getting replies except mine, so just felt very lost and isolated last night. ( I put both down figure cover my bases) 
I have called CCBC who were very helpful, said I could put down CCBC or Southampton, doesn't matter and paperwork wouldn't be returned because of it!!!! ( thank god only 8hrs of searching this and legal begal forum and no one answering me )

Coupon-mad

Coupon-mad said:

Yep, and even if you sent it to the CCBC they'd allocate it to Southampton for you!

Sorry, I honestly thought my reply above had covered it. You could put either.

IrishAK

Coupon-mad said:

Coupon-mad said:

Yep, and even if you sent it to the CCBC they'd allocate it to Southampton for you!

Sorry, I honestly thought my reply above had covered it. You could put either.

it's ok, i think just with the stress I wasn't thinking right,  I knew you said I could file at either
I wasn't sure what to put on the top of the WS,DO and Defence if that should still be where the default was issued and ref number of the CCJ. 
or to put Southampton and leave ref blank for them to fill in - it was such a silly question but couldn't print or sign anything till I had it.
my pinter is soooooo slow  at scanning and of course my tenancy agreement is 19 pages long. 
thanks for all your help!

IrishAK

ok so......... from BW LEGAL 

As you are already aware, a Parking Charge Notice - Notice to Keeper (PCN) was issued to you on 10 July 2019 as the Registered Keeper of the Vehicle. The PCN states that if you were not the driver of the vehicle, to notify us of the name of the driver and a current address for service for the driver and pass the PCN on to the driver within 28 days. Contrary to your comment, our Client has no record of receipt of correspondence to transfer liability. As you have confirmed receipt of PCN, you failed to update your address with our Client despite knowing there was an unresolved PCN against you. As our Client received no correspondence from yourself, we were instructed to recover the unpaid PCN.

 

Upon our instruction, we conducted Equifax Trace on 16 August 2019 and subsequently on 19 August 2020 which confirmed that you were residing at the same address. As well as sending multiple pre-legal correspondence to this address, a County Court Claim form was issued on 29 October 2020 and deemed served 04 November 2020. We did not receive notification of any issues regarding service of the Claim form from the Court. You failed to contact us or respond to the Claim form and as a result, a County Court Judgment (CCJ) was entered against you on 01 March 2021.

 

Our Client has taken all reasonable steps to locate your whereabouts, and without any evidence to suggest otherwise, they are satisfied the CCJ has been entered correctly and we are instructed to oppose any application you make at this stage. If you however provide any evidence to support your position, we will revert to our Client for further instruction.

 

We invite you to contact us to arrange repayment of the balance of £266.80. Once the balance has been received in cleared funds, we will notify the Court of payment and the CCJ will be marked as satisfied on your credit file.

So they never received the transfer of liability, I moved in July 2020 and updated everything by Aug, have bank statements to prove, so confused as to why Equifax would give incorrect details? unless hadn't updated their end. 

IrishAK

is it still worth submitting the n244 claim and hope the judge uses his discretion?
I was on the phone to pay the ccbc when the email came through 

Johnersh

As I read it, the o/p didn't go on the electoral roll, was in rented accommodation and may not have applied for new credit in the short period between the move and the Equifax report.

On this occasion the claimant hasn't dropped the ball in fairness to them. That's not to say it shouldn't be set aside and the o/p given the opportunity to defend it, but I don't think it's a mandatory set aside.

I can't trace when the transfer of liability was meant to be. Needs to be in writing and prior to the claim form being issued.