Surprise CCJ from QDR Solicitors

broadsid

No, I asked for the particulars of the claim and that's all they provided me with, I've spoken to them about 8 times since I found out about CCJ, they're not the most helpful bunch, it seems you have to be very explicit with what you want, otherwise they give the bare minimum.

broadsid

I received the witness statement from QDR solicitors this weekend just gone for the set aside case, and in that they have not mentioned doing any soft trace to get my new address. All they have stated is that they checked with the DVLA at the time of the offense, and then they go on to say I've not provided any proof that I updated the DVLA. Which, according to my defence is irrelevant, as they can only check with the DVLA once, and as I didn't respond to any letters, they should have assumed the address was not correct and checked to get my new address.

Coupon-mad

You are correct.

broadsid

One question I have around the 4 month dead argument. The claim was originally submitted on 13th May 2022 (the default judgement being made on 14th June 2022), does that mean the 4 month window within which the claim should have expired on midnight 13th September 2022?

CPR 7.5 (reference for others who may read this thread)

(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

Coupon-mad

Yes, that's right. It was never properly served so it was by definition not served at all (otherwise Claimants could send claims to my house and say they are all 'served' albeit to an improper address!).