Set aside CCJ - did not receive claim form

Jamran

Hi all

my sister got a default judgement letter against her few days ago. She states that she did not receive a claim form through the post so had no idea about the claim against her. 

I am helping her apply to get it set aside and I have read through the newbies thread. I had a few questions:

- should she pay the CCJ so that the CCJ doesn’t go on her file, while also applying for it to be set aside?

or does she apply and the CCJ will be placed on hold while her application to set it aside goes ahead? 

- she was also abroad for a month so even if they did serve it correctly she wouldn’t have been able to respond. Should she mention this? Or just stick to the fact that the letter didn’t arrive so this point is moot. 

- Do we need to provide a witness statement only? or does she have to provide additional things also?

- As she didn’t receive the claim form, what should she put in the defence? Should we assume it’s for a parking ticket as it’s UKPC and base our defence on that or play ignorant?

thanks 

Coupon-mad

No defence yet!

Witness statement with attached proof of being abroad AND proof of her address changes.  As seen in the case by @So_Jacob this time last year.  Read her long thread!

Also read the successful set aside examples by @Brokenchief  and @Jack5656 and copy what they put (and show us her draft).

should she pay the CCJ so that the CCJ doesn’t go on her file, while also applying for it to be set aside?

Up to her but ONLY if it is still within the 30 days.

We would not...but I don't want to make that decision for her, in case the Judge at the hearing is not with her.  Set asides are VERY likely to be agreed where s claim was improperly filed to a wrong address, but not guaranteed.

IMHO it is better to let it go to a CCJ and take the hit on credit rating temporarily but I want that to be her decision.  Also if she pays it there is no CCJ to set aside a d some courts have then closed down applications and kept the fee!

or does she apply and the CCJ will be placed on hold while her application to set it aside goes ahead?

No it is not placed on hold.

B789

If you pay the CCJ, there is a high likelihood that you will never see that money again. We normally advise not to pay and to get the set aside anyway. Even if the CCJ is recorded, once it is set aside it will be expunged completely from her credit record. Unless she is desperately in need of some credit right now, it is worth taking a temporary hit until it is removed after the set-aside.

How long ago was the CCJ ordered?

Why do you think she did not receive any communication about the Claim? Did she update the V5C when she changed address? How long ago was the PCN issued and when did she move?

Which PPC and or solicitors? Has she contacted the CCBC to get a copy of the PoC and the Judgment?

Has she SAR'd the PPC to get copies of all the information that they hold on her and her car?

Did she know that she could be fined for not updating her V5C? Please provide answers to the questions as requested above and you will receive further advice about the set-aside.

Jamran

B789 said:

If you pay the CCJ, there is a high likelihood that you will never see that money again. We normally advise not to pay and to get the set aside anyway. Even if the CCJ is recorded, once it is set aside it will be expunged completely from her credit record. Unless she is desperately in need of some credit right now, it is worth taking a temporary hit until it is removed after the set-aside.

How long ago was the CCJ ordered?

Why do you think she did not receive any communication about the Claim? Did she update the V5C when she changed address? How long ago was the PCN issued and when did she move?

Which PPC and or solicitors? Has she contacted the CCBC to get a copy of the PoC and the Judgment?

Has she SAR'd the PPC to get copies of all the information that they hold on her and her car?

Did she know that she could be fined for not updating her V5C? Please provide answers to the questions as requested above and you will receive further advice about the set-aside.

Just to clarify, THERE IS NO ADDRESS CHANGE. She simply did not receive the initial claim form. Maybe lost in post I assume. The first knowledge she had of this claim was when the default judgement letter came through the post few days ago. 

This is why I created this post as I could not find any case that was like hers where the letter was simply not received. 

The PPC is UKPC and DCB Legal are the solicitors. 

The CCJ was ordered 13th March. She received the letter through the post few days ago. 

So to reiterate the V5C details are all
up to date. 

B789

Interesting... Are you 100% certain that you never received the N1 Claim form? Did you receive an LoC from DCB Legal around 30 days before you would have received a Claim? Have you called the CCBC to tell them to email you, there and then whilst you wait on the phone, a copy of the PoC?

There were a whole bunch of Claims sometime around September to December last year that were never received by Defendants. It could be that you are the victim of that batch that disappeared into the ether. You will have to file an N244 for a set-aside but it may be difficult to persuade a judge that the Claim was never received. You should also make a complaint to the CCBC manager about the missing Claim.

It may be possible for the CCBC to provide proof of posting if they use a bulk mail handler or you may be able to get them to check the records of their bulk mail handler.

B789

I'm not sure who the CCBC use for their mailing and if they even use a bulk mailing option but a bulk mailing company can provide evidence that an item was received by them for mailing. When an item is sent through a bulk mailing company, the client typically receives a receipt or confirmation that shows the company has accepted the item for mailing.

This receipt or confirmation typically includes information such as the date and time the item was received, the destination address, and any additional mailing options or services requested. This documentation serves as evidence that the item was received by the mailing company for processing and mailing.

If you need evidence that an item was received by a bulk mailing company for mailing, you can typically request a copy of the receipt or confirmation that was provided at the time the item was accepted. This documentation can be helpful in case of any disputes or questions about whether the item was actually received by the mailing company.

Whilst not "proof of posting", it would evidence that the CCBC actually sent it. Then again, if they can't provide any evidence of posting, it may come down to a balance of probabilities, especially if they Royal Mail.

Coupon-mad

There was an issue with claims from around 9th December that never turned up but I am assuming this claim was from February.

The WS most similar to this situation will be the one posted by @Sasanova

Jamran

So what do you fine people suggest she does? Should we contact CCBC for a copy of the PoC so we can see when the claim was issued? Based on that if it was while she was abroad (from 8th Feb to 11th March) we could just use that reasoning?

On a side note, she is a blue badge holder and on benefits so she will not be required to pay any fees. 

Coupon-mad

I already advised which WS to copy from if you are saying no claim form arrived at all.  Sasa's one.

But yes, this week she should ring the CCBC and get a copy of the POC and ask for the date the claim was first filed and exactly which address it went to (maybe there was a typo). These things need establishing.

Then she can do her WS with more knowledge.

Jamran

She called CCBC today. She was told that they cannot send out copies of the original claim form as only one is generated, which is sent out. 

They did, however, confirm that it was issued on 20th February 2023. She was abroad at the time and returned on 11th March. So even if it was posted, am I right in saying it still would’ve been too late?

They also confirmed the ticket was issued in 2018. 

KeithP

In this case one had until 4pm on Monday 13th March to respond to a Claim issued on 20th February.
That response could have been as simple as filing an Acknowledgment of Service which gives an extra two weeks to file a Defence.