CCJ served at wrong address - letter from DCBL Bailiffs to even older address 1 month after default

Coupon-mad

25.     I do not consent to any order now that does not order the Claimant to pay the £275 back. If the Claimant files such a draft “consent” order in their bundle (as seen before from Elms Legal in similar cases where Judges have been misled by it) I ask the court to disregard it.  Please take note that I was the one who contacted Elms Legal to discuss setting aside this CCJ by consent due to their careless and improper service, but they refused to act reasonably and therefore, their/their client's course of conduct caused me to incur this £275 fee.  I have not and will not sign their skewed version that seeks to relieve their client of responsibility for my costs. 

k2122

Ok thank you both. I think I may pay the N244 fee and submit the form with WS today. 

Just to make sure:
-I will submit without a draft order, and then submit this when the case is allocated later on and the 4 months argument may apply
-Should I submit a draft defence alongside the WS? There is now brief detail within the WS about why I think I'd have a good chance of defending the claim

1505grandad

Para 23  -  "curb side, "

should be "kerbside"

k2122

Paid the fee and submitted the N244 and supporting witness statement. Thanks for the support, I will update as things move forward.

k2122

OK so it's been allocated to my local county court and I have until the 13th to submit a draft defence. I suppose now the 4 months dead argument is relevant as the initial issue date was 21st Feb. 

Coupon-mad

"and I have until the 13th to submit a draft defence".

Unusual. Show us the Order that tells you that.  Are you sure it says the word 'defence'?

k2122

The letter (dated on the 29th June) says

"Before the District Judge...

IT IS ORDERED THAT
1. If the Defendant contends that he has a defence with a real prospect of success it must be filed and served in draft form by 4pm 13 July 2023"

Coupon-mad

Ah that's unusual - but doable.

See our Template Defence.

Seems a little unfair because IMHO you should reiterate in an 'introduction' at the start of the DRAFT defence (give it that heading) that in fact:

The N244 application primarily relies upon CPR 13.2. (mandatory set aside due to lazy and improper service) and that CPR 13.3 is only the fall-back position (discretionary set aside where the following DRAFT ONLY defence might assist the set aside hearing Judge):

k2122

Looking back at my witness statement I did request to be given 14 days to submit a defence, maybe this was an error? 

I will make sure to use the template defence and will upload a draft here shortly. 

Coupon-mad

k2122 said:

Looking back at my witness statement I did request to be given 14 days to submit a defence, maybe this was an error? 

No you asked for that to be ordered IF THE CCJ IS SET ASIDE - not putting the burden on you to draft a defence before!

The Judge's decision to grant the set aside at the hearing should be mandatory (13.2 applies - improper service of the claim form, END OF STORY) and not affected either way by a draft defence.

Seems unfair but you are stuck with the court's directions.  Include the INTRODUCTION I wrote.