Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

Le_Kirk said:

Is that date correct?  Is it perhaps 08/11/2021 or 2020?

Thank you for spotting that. No it should read 08/04/2022 

Johnersh

I'd go in much harder. It's cpr 6.8.
6.9c may only be relied upon where no address is given. In any event, the old address could not be a last known address by reason of the fact that the address you gave was presumably residential. Make it clear that this was an epic failure. 

You had given the address for service which was acknowledged (I'd exhibit that). The PPC and/or their solicitors then elected to serve at an alternative address. That's not good service. See good law project v sec state for health (service to wrong email address) 

Another analogous scenario is where a claimant fails to serve on a nominated solicitor. See nangelenan v royal free. (Court of appeal) 

The point is that having failed to serve they were not entitled to request judgment. They have failed to engage in correspondence with you. 

Lose 1.9. It is not legal argument and waters down your better points. 

If this claim has never been served and 4 months have elapsed, the proceedings are defective and, in essence, dead. The claimant can issue fresh proceedings if they wish, but it should be a set aside and strike out for want of service. 

Harvez63

Johnersh said:

I'd go in much harder. It's cpr 6.8.
6.9c may only be relied upon where no address is given. In any event, the old address could not be a last known address by reason of the fact that the address you gave was presumably residential. Make it clear that this was an epic failure. 

You had given the address for service which was acknowledged (I'd exhibit that). The PPC and/or their solicitors then elected to serve at an alternative address. That's not good service. See good law project v sec state for health (service to wrong email address) 

Another analogous scenario is where a claimant fails to serve on a nominated solicitor. See nangelenan v royal free. (Court of appeal) 

The point is that having failed to serve they were not entitled to request judgment. They have failed to engage in correspondence with you. 

Lose 1.9. It is not legal argument and waters down your better points. 

If this claim has never been served and 4 months have elapsed, the proceedings are defective and, in essence, dead. The claimant can issue fresh proceedings if they wish, but it should be a set aside and strike out for want of service. 

Jonersh, 

Item 1.9 removed. 

Where do those points you made above fit in with the document? sorry, I'm asking to be mothered a bit here in fear of getting it wrong 

Coupon-mad

Look up the cases @Johnersh pointed you to, append the transcripts as exhibits and refer to them in your draft WS, trying to emulate @Johnersh's writing style as he writes far more concisely, being a solicitor.

He also told you at the start of his reply to use CPR 6.8, not 6.9c and write robustly.

Give it a go and we'll look at your draft!  You must also exhibit proof of telling them your address, plus you seem to have missed Boxwood, M&S and Croke re the '4 months dead' argument.

As seen in recent CCJ set aside cases just written such as in the thread by @GlassRoof36

Harvez63

Completely overwhelmed right now and I have 8 tabs open trying to understand what to do. Feeling the pressure of needing to get this across to them as quickly as possible.

I'm going to have to take a break and try tonight to take it all in. Sorry, I've seen enough threads to see you do have to seemingly say along the same lines to everyone, and everyone has these panicked moments.

Harvez63

Can I add this? or is it too aggressive?

1.5 I notified the claimant of my change of address on 4th November 2019 via email, to which they responded acknowledgment of the address change on 6th November 2019. See exhibit 01. The claimant has failed to act with any level of due diligence which has resulted in leaving the defendant at a huge financial risk as a self-employed business owner. 

1.6 I believe the Claimant has acted unlawfully in serving a claim against me knowing the address it was being sent to I no longer resided in. At no point after the acknowledgement of address change has the claimant attempted to engage in correspondence with me. Not even with the email address they held on file for me. 

I really want to highlight the risk and stress this has put me at, but my grammar isn't the best 

Johnersh

How about....

1.6. Notwithstanding the fact that the claimant has legal representation, the claimant has failed to comply with the essential requirements of the civil procedure rules for commencing a claim, such that I have had (a) no notice of the claim (b) no opportunity to respond to it and (c) now face significant prejudice as an individual and small business owner as a result of a default judgment, to which I believe they have never been entitled. 

Harvez63

I never thought I'd be impressed with someones use of words before. Thank you! Thats exactly what I wanted to portray, just worded perfectly 

Harvez63

Can I add a line in there about contacting the claimant direct and asking them to set aside the judgement, however they failed to respond within the giving 14 days? just to load it up, as such

Johnersh

Too kind. That's why I'm like Stella Artois... Reassuringly expensive.

Obviously at 1.5, that stays, but you can omit all of the second sentence, which is dealt with at 1.6.

As a general rule, you can make plain when your opponent is a blithering idiot, you just need to be polite within the rules of engagement.