Help CCJ PCN Set Aside - Have I left it too late?

popiu44

typo above...

One small issue with this case:
The judge did NOT permit the 4-month rule to kill the claim and allowed them to re-serve the claim within 14 days.  His reasoning was that they had sent me legal 'warnings' to my old address while I still lived there. This seemed besides the point to me but I wasn't fast enough to come up with any legal argument why he shouldn't do this. So, I will have to file a defence and go through the motions but I am still very happy as both the judgements will be removed and the fees paid by the claimant.

Le_Kirk

Good, shame about the re-serve bit but at least you can defend it using the template defence if/when they send the new claim.  Does everyone who needs it, have you correct address for service?  You'd hate to miss a N1 clam form and get a judgment in default!

popiu44

The judge orderedLe_Kirk said:

Good, shame about the re-serve bit but at least you can defend it using the template defence if/when they send the new claim.  Does everyone who needs it, have you correct address for service?  You'd hate to miss a N1 clam form and get a judgment in default!

The judge ordered they serve to the new and correct address so I'll keep an eye out and defend it as necessary. 

Le_Kirk

Looks like the judge is keeping an eye out for you. 

Coupon-mad

Well done - great news! Congrats on getting your £275 back x 2 at the rogue PPCs' expense! And well done for using an Equifax report to prove them as...what...surely not LYING to the court?!

If & when you get the claim re-served to you, then don't try using the MCOL password on it, if it's just a copy of the old claim form with the address for service altered. You can tell from the date on it. You won't be filling in forms or using MCOL or reading the stuff on the subsequent pages.

You are dealing directly with your local court so the Judge's Directions are those to follow.

Except, your Judge will only have directed you to respond with a defence.  We are telling you to supply to the court and the C's solicitor, 5 things, NOT JUST A DEFENCE.

Those 5 things are:

- defence. Based on the Template Defence
- witness statement, see example by @Daiapolon2021
- exhibits (as per bundle example by @wobs2k)
- costs assessment for this next hearing
- N180 downloaded from YouGov court forms, completed just to inform the local court of your unavailable dates. Cross off whole weeks around family events, birthdays, graduations, weddings or holidays over the next 6 months or so.