Very confused, not sure whats going on with a CCJ

teknotel

Ok is this it?

1. The claim struck out as the claim form having not been served within 4 months of issue

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

3. CLAIMANT has the option to issue afresh, the merits of the claim not having been ruled upon1. The judgment ********** (what are these asterixs for lol) dated 06/04/2021 be set aside. 

Coupon-mad

The judgment ********** (what are these asterixs for lol) dated 06/04/2021 be set aside. 

What?

Why have you kept that there and not kept what you had as no 1? I told you to remove thd line at the end, not number one.

Or have you just copied that weird old draft  from another thread without reading the whole thread and his subsequent alterations?

teknotel

You told me the wrong bits to remove so I had to go back and to the version before which had that in and I forgot to edit again. To be honest I am getting a bit lost, I am doing my best.

1. The claim struck out as the claim form having not been served within 4 months of issue

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

3. CLAIMANT has the option to issue afresh, the merits of the claim not having been ruled upon1. The judgment dated 06/04/2021 be set aside. 

Coupon-mad

But surely that final line is better as number one.  I told you to remove the final sentence because it repeated your number one.  

That line is the entire point of your application.  That's why it should be number one, as you just had it a page back.

Johnersh

Unless I'm missing something, judgment needs to be set aside before the claim is struck out. That's the whole point of the order. 

I like to take the court through each rule and explain why it is met (or in the case of the claimant, not met), but there's no hard and fast rule to the contents of a statement. 

I don't think the paragraph dealing with where the o/p lives is actually that clear. 

Case law is chock full of presumption relating to service, but the fact is there was no legal basis to issue proceedings to the alternate address. It was never nominated as a service address, and the o/p didn't live there at the time of the incident or since.

While D can be criticised for putting it on a letter, it was not the address given by the dvla. It was not appropriate for C to presume it was a good address for service any more than it is safe for a claimant to correspond with and assume a solicitor is authorised to accept service of proceedings.

If it were me i'd be appending the V5C as that is the document which shows where statutory notices to the registered keeper are to be sent +/- the proof of address. 

teknotel

Coupon-mad said:

But surely that final line is better as number one.  I told you to remove the final sentence because it repeated your number one.  

That line is the entire point of your application.  That's why it should be number one, as you just had it a page back.

I am just completely lost at this point sorry I guess I am just not smart enough to keep up with whats being said. Heres the best I can make of what you are asking.

1. The judgment dated 06/04/2021 be set aside. 

2. The claim struck out as the claim form having not been served within 4 months of issue

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

4. CLAIMANT has the option to issue afresh, the merits of the claim not having been ruled upon

teknotel

Johnersh said:

Unless I'm missing something, judgment needs to be set aside before the claim is struck out. That's the whole point of the order. 

I like to take the court through each rule and explain why it is met (or in the case of the claimant, not met), but there's no hard and fast rule to the contents of a statement. 

I don't think the paragraph dealing with where the o/p lives is actually that clear. 

Case law is chock full of presumption relating to service, but the fact is there was no legal basis to issue proceedings to the alternate address. It was never nominated as a service address, and the o/p didn't live there at the time of the incident or since.

While D can be criticised for putting it on a letter, it was not the address given by the dvla. It was not appropriate for C to presume it was a good address for service any more than it is safe for a claimant to correspond with and assume a solicitor is authorised to accept service of proceedings.

If it were me i'd be appending the V5C as that is the document which shows where statutory notices to the registered keeper are to be sent +/- the proof of address. 

I have moved from the address where it should have been sent and a new V5C which has my new address on.

In the SAR it shows they checked with the DVLA and got the correct address, they just didn't choose that one to communicate with.

Is my witness statement ok?

Johnersh

This is probably all you need

1. The judgment dated 06/04/2021 be set aside. 

2. The claim struck out as the claim form having not been served within 4 months of issue

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

Your point 4 is more of an observation for the hearing and if the judge gets antsy about denying the claimant any chance of a claim. Its a simple point - if they'd followed the rules this wouldn't have happened. It's all defective, so if they want they can start again, but this doesn't fly as it stands.

So long as you are comfortable that your statement is 

1. Factually correct 
2. Adequately sets out the facts (ie your story) 
3. Supports the application notice and any relevant rule you wish to refer to

Then it is fine. 

teknotel

Johnersh said:

This is probably all you need

1. The judgment dated 06/04/2021 be set aside. 

2. The claim struck out as the claim form having not been served within 4 months of issue

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

Your point 4 is more of an observation for the hearing and if the judge gets antsy about denying the claimant any chance of a claim. Its a simple point - if they'd followed the rules this wouldn't have happened. It's all defective, so if they want they can start again, but this doesn't fly as it stands.

So long as you are comfortable that your statement is 

1. Factually correct 
2. Adequately sets out the facts (ie your story) 
3. Supports the application notice and any relevant rule you wish to refer to

Then it is fine. 

Ok great so thats my Draft Order sorted, will have a go at improving the witness statement tomorrow. Thank you!

Coupon-mad

Looks like you are there as long as your WS says what you want it to say and mentions CPR 13.2 and 13.3 and how they apply to your case.