CCJ dispute - need your help please !!

Coupon-mad

You need to add this to your WS (the word 'licence' as a noun has no 's' though, so put that right):

I did update my V5 form/ DVLA  and diriving license on time upon my address change. 

And talk about and append as an exhibit, the IPC CoP page that says addresses/details must be checked before filing a claim if more than 12 months has passed.

1505grandad

SoT states "defence"

Make sure claimants name is as stated in the claim form

IMANK

I have contacted Gladstone after the CCJ loged into my credit report, below is a copy of their response. 

1- Skeleton Argument talks about DVLA and how it is not accurate - so this is covered in my defence 

2 - They did soft search on me and claimed that letter and text was sent to my new current address. I have not received the letter and the text was marked as spam by O2 so did not see it at that time. I only saw the text message after receiving their response below, I went and checked SPAM messages in mobile and could see it. How to argue that they has not adhered to CPR 6.9 (3)? 

"Our firm sent our Letter before Claim on 14 April 2022, confirming we had been instructed,

and the balance owing to our client was £170. A copy of our letter is annexed for

completeness. This letter, as you will see was sent to the following address;

151 Bradstone House

Headstone Road

Harrow

HA1 1EL

The above address, was the address provided to our client, by the DVLA, as the address of

yourself, as the Register Keeper of vehicle EA17 FNK. Owing to the DVLA providing this

information to our client, all correspondence sent by our client, was duly sent to that address.

A copy of correspondence sent by our client, together with the images of the contravention,

are annexed for completeness.

Under the Civil Procedure Rules, our client must serve proceedings on an individual at the

usual or last known residence of that individual.

Our firm therefore conducted a trace with the tracing agent, UK Search. This was in order to

meet our obligations under the Civil Procedure Rules, specifically Rule 6.9(3). 

The reason a trace is conducted, is to try and ensure our client, if proceedings are issued,

that those proceedings are issued at the correct address.

Our firm took reasonable steps on behalf of our client to ascertain your current residential

address.

The following categories of personal data were provided to UK Search, in order for the trace

to be carried out;

 Forename

 Surname

 Residential address provided by our client [as indicated above]

An alternative address to the address we were provided by our client, was provided to us by

UK Search. The address provided was;

Flat 17 Raffles House

67 Brampton Grove

London

NW4 4BU

We therefore sent a further Letter before Claim to that address on 21 April 2022. A copy of

that Letter before Claim is annexed for completeness. On the same date, a text message

was sent to the number provided by UK Search for you,

When the trace is carried out, it is a known as a “soft check” and will not show on your credit

score, nor will it be visible on your credit file. The details received from UK Search are not

updated contact details, but is UK Search feeding back information, which links an individual

searched to matched addresses, dependent on the individuals credit activity. Therefore, the

address provided by UK Search is by no means a confirmation of a new address, but merely

that you or an individual with a similar name, as the individual searched, had been active at

the address provided, from a credit point of view.

As no response was forthcoming from you at the traced address, a further reminder letter

was sent to the address referred to us by our client, on 3 June 2022. A copy of that letter is

annexed for completeness. In addition, a further text message was sent to you, the same day.

no response had been forthcoming to any of the correspondence sent to,

nor the text message sent to you and so our firm was instructed to issue proceedings before

the Court.

Proceedings were issued to 

151 Bradstone House

Headstone Road

Harrow

HA1 1EL  - old address

Coupon-mad

But if they fail to show the COURT that they did a trace and sent a letter, then there's no evidence before the court that they did.

And regardless of the above, CPR 13.3 means the court should take into account that:

(a) you didn't receive the claim, and

(b) you have good prospects of defending the claim itself (have you got the basics if a defence in your head, if asked?) and

(c) you acted promptly as soon as you found out about the CCJ.

And as such, the Judge can use their discretion to set aside the CCJ and order the claim to be sent to you, so that you can defend it.

IMANK

I need to have the basic of my defence clear in my head and write it down in bullet points if needed. 

Thank you so much for your help. 

Le_Kirk

It still says "defence" in your statement of truth for a witness statement!