CCJ set aside

Coupon-mad

Did the claim and default letters both arrive at an old address?

SaveMyPenniesPlease01

Hi Coupon-mad. 

No they both arrived at my address at the same time. February of 2022. The claim form was dated December 21 but arrived at the same time as the judgment in default letter, dated early Feb. So I wouldn’t have had time to defend the claim. This is what I’m struggling with. These are sent are sent out by the CCBC aren’t they? Not by Civil Enforcement ltd. 

The only correspondence I’ve had from Civil Enforcement is a letter dated mid Feb informing me of the CCJ and demanding payment of over £300. I haven’t replied to them as I was unsure what to do. I haven’t received any letters from CE prior to the CCJ with information relating to the PCN. So I’ve no idea when it’s from. I only have details of the PCN that’s on the claim form. 

Should I be writing to CE to get information about the PCN? Pictures and letters etc?  

 

henrik777

The list of possibilities is relatively small, with regards to getting both documents in the same week.

My very first step would be to ask the court when they were sent, and what proof the have of sending the claim form (usually a computer record).

SaveMyPenniesPlease01

Would you advise that I do that in writing @henrik777 or via email? 

henrik777

Phone. Then confirmed via email/letter if possible.

Can't be arsed wondering if people  1. Got your query 2. Ignoring you. 

SaveMyPenniesPlease01

Also is there any other examples of set aside cases that I could search for that would help? Most of the cases I’m reading are due to the companies sending documentation to the wrong address due to house moves. Are these the only legal way to contest these judgments?

Thanks A 

Mouse007

There were considerable postal delays last December / January due to Covid and the numbers of Posties being off sick - I know our local sorting office was bad and recall seeing it mentioned in the press at the time.

https://www.theguardian.com/business/2022/jan/16/why-am-i-getting-christmas-cards-in-january-royal-mail-under-fire-for-long-delays

Perhaps your local paper ran a story about it.

SaveMyPenniesPlease01

Ok @henr I shall do that on Monday. Even if they do state that they sent the claim form in December and the Judgment in Feb that doesn’t really help me. I still can’t prove that I received both at the same time.  

Yes @Mouse007 I do remember the issues with the post. They were really bad from memory weren't they. I’m not sure if that would help me though. 

 Thank you for both of your input. It’s appreciated 🙏

henrik777

SaveMyPenniesPlease01 said:

Ok @henr I shall do that on Monday. Even if they do state that they sent the claim form in December and the Judgment in Feb that doesn’t really help me. I still can’t prove that I received both at the same time.  

Yes @Mouse007 I do remember the issues with the post. They were really bad from memory weren't they. I’m not sure if that would help me though. 

 Thank you for both of your input. It’s appreciated 🙏

You're at an early stage of ascertaining the facts. Don't guess what those are.

Quickly investigate then proceed in a way that is helpful to what you want backed by the findings.