CCJ from 2016 fine

B789

Coupon-mad said:

What, you haven't paid £275? 

Yet you got a hearing of your application?
Wow! A freebie?

 Honestly I can't afford the costs either way so I'm not sure what I'm going to do even if the whole thing was dropped tomorrow.

Don't know what you mean?  If you haven't paid £275 you got a free hearing & set aside!  If if's dropped, you walk away.  No money involved.

You aren't liable for any other costs, and to understand what was ordered about the £275 fee (that you should have paid to the CCBC when putting in your N244) you will have to look at the written Order when it arrives.

I think the CCBC admitted to a failure on their part which is probably why they waived the fee.

crispyjay1987 said:
I did forget at the time but the address was correct before we moved so I still had not received anything even prior to moving. 

The only reason I mention the Experian account is because they claim to have used it to confirm an up to date address, which absolutely can't be true for the reason I mention above. 

You didn't appear to appreciate that the PPC can only request your details once under KADOE rules. If your V5C address was incorrect on that date, it matters not when you eventually updated it.

With regard to them mentioning Experian, they do not get your details from "Experian" whether you have an account with them or not. They can do a "soft" search through Experian or other credit reference agencies that will hold data on you from things like your utility bills, bank accounts, council tax, electoral register etc.

Coupon-mad

Not that any of the stuff about Experian matters now the OP is moving on to defence and WS bundle stage.

B789

Coupon-mad said:

Not that any of the stuff about Experian matters now the OP is moving on to defence and WS bundle stage.

I agree. However, trying to educate the masses about the intricacies of credit searches and KADOE is my futile aim. 

crispyjay1987

Apologies for my density but I can't seem to find the post with the relevant defence on it. 

If anyone could drop a link in I'd hugely appreciate it.

Edit. I think I have it.

Coupon-mad

No need for a link.  That really doesn't help anyone to learn how to hop around the forum and discover what pinned 'sticky' threads are and where they are.

If you are past CCJ set aside stage and are now at Defence stage, just go and read the Template Defence sticky thread.

Top of the forum.
Pinned next to the NEWBIES thread.

If you are on a phone we do not recommend that.

But (because I'm familiar with the forum and what is where) I'm using a phone myself right now, and can see two hyperlinks on this page that allow posters to jump straight to page one.  That's where the sticky threads are, pinned like on a noticeboard.

The point is, you have two links already.

To assist even more:

My signature below even tells everyone what the link to page one at the top of every page looks like (even on a phone). My signature itself IS NOT a link.

There is a second (very obviously blue) hyperlink just under the reply box below...about 3 inches down on the phone screen as you read this

vvvvvv

KeithP

It's one of the first half a dozen or so threads at the top of the list.

Looks like this...

crispyjay1987

I have the page (mentioned in the edit above). Just wasn't 100% I had the correct one as there were many different examples over one thread.

The last post from @B789  has a drop box link with a great looking statement.

I've added my fill but I've also highlighted some paragraphs im not at all sure about.

https://www.dropbox.com/scl/fi/igsmgrdctkc8blx0xwll9/Defence-names-redacted.docx?dl=0&rlkey=0t7d3rq869fn9i4oi91epoich

B789

That defence is the same as the one referred to in the johny86 thread, just easier to find. However, you are not defending that claim right now, as far as I am aware without going back through the thread. You are applying for a set-aside.

That defence is for defending claims that haven't had a hearing and received a default judgment. You will need to create a draft defence for your set aside hearing to show that you have a good chance of defending the original claim which will probably be re-issued. With a robust draft defence and a set-aside application for incorrect service, you cover both CPR 13.2 and 13.3.

You can search the forum for similar set-asides and the accompanying WS and draft defences.

crispyjay1987

@B789 I already have the set aside 👍

Now I'm defending the claim itself

B789

Ah, OK. Has the original claim been re-issued or are you relying on old PoC? The defence I linked to is for claims from the likes of DCB Legal that have woefully inadequate PoCs.