CCJ issued to old address (Knew about PCN)

Le_Kirk

From your reading of the NEBWIE sticky and some of the posts by @henrik777 you might see that you need also a six-point draft order (in Word).  Search the forum for one.

ArthurB33

Hi All - would it be possible for some comments on my proposed application please. Almost 7 days since I wrote to the PPC for consent and haven't received any response so I'll be submitting my N244 app soon.

DRAFT ORDER

THE NORTHAMPTON COUNTY COURT

Claim No. XXXXXXX

BETWEEN:

VEHICLE CONTROL SERVCES LIMITED

Claimant

– and –

Defendant

XXXXXXX

_________________________________

 

DRAFT ORDER

_______________________________

Upon reading the defendant’s application dated XX/XX/2021

It is ordered that:

1. The judgment dated XX/XX/2021 be set aside.

2. The Claimant do pay the Defendant’s costs of this application on an indemnity basis.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XX/XX/2021 the claim will be struck out without further order

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XX/XX/2021

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues its claim.

WITNESS STATEMENT

I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX July 2021 requesting to:

a. Set aside the default judgment dated XX XX 2021 as it was not properly served at my current address.

b. Order for the original claim to be dismissed.

c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on XX XXX 2021. I am aware that the Claimant is XXXX, and that the assumed claim is in respect of unpaid Parking Charge Notice on the XX/XX/2017 at my then residence XXXX. I contest this charge for the reasons outlined in the attached draft defence.

1.2. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 5th July 2021 following a credit check undertaken by myself. The address on the claim is XXXX. I moved to my current address at XXXX on the 10th November 2020. In support of this I can provide a scanned copy of my mortgage agreement, alongside a council tax and utility bill; Schedule (X)

1.3. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.3.1 I discovered a CCJ was lodged onto my credit file on the 12th February 2021.

1.3.2 On 5th and 6th July 2021 I contacted the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X).

1.3.3 On 6th July 2021 I made a written request to the Claimant inviting them to consent to the judgment due to the reasons stated within Clause 1.3

1.3.4 On XXX July 2021 I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.3.5 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.4. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having some 12 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.5. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

Furthermore, Ex-Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "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."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That 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.” Furtherance to points raised in 1.3 above.

1.6. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

Any help is appreciated thanks.

ArthurB33

Hi, bumping the thread sorry!

Looking to issue the N244 issued this weekend, does the above look ok? Do I need to make reference to the CPR's?

Is it worth including in the WS that my V5C has always been registered at my parent address and I was there to be found? I have done this as spent my time split between two places and it was the most stable address as I moved homes a number of times within the period of 3/4 years.

Appreciate the help, thanks!

Coupon-mad

1.3.1 says February 2021!

Yes add both the things you said but explain why you didn’t know about the claim if it arrived at your parents’ address (explain what kept you away - studying? Not wanting to travel and expose your parents and older family members to a younger unvaccinated family member earlier this year?).  

KeithP

1.3.4 On XXX July 2021 I have wilfully submitted...

What's the significance of the word 'wilfully' in that sentence?

Coupon-mad

Arrggh I hate it when people copy that awful version with that idiotic word!  

D_P_Dance

Nothing wrong with the word per se, It is the context which offends you surely.

henrik777

"due diligence"

ArthurB33

Coupon-mad said:

1.3.1 says February 2021!

Yes add both the things you said but explain why you didn’t know about the claim if it arrived at your parents’ address (explain what kept you away - studying? Not wanting to travel and expose your parents and older family members to a younger unvaccinated family member earlier this year?).  

Wrong date - confused this part for the CCJ issue date, now updated.

The claim didn't arrive at the V5C parents address, it was issued to a flat I lived in and moved out of prior to the issue of the  claim form. So they had the correct V5C details for 4 years and never issued any documents there.

Thanks for the comments!

ArthurB33

KeithP said:

1.3.4 On XXX July 2021 I have wilfully submitted...

What's the significance of the word 'wilfully' in that sentence?

good point, removed!