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

k2122

So an update:

They actually sent a representative to the hearing which was unexpected. This definitely threw me off a little, and I didn't manage to get a word in as much as I would have liked.

The judge ordered for the CCJ to be set aside pursuant to 13.3 as my draft defence had a good chance of defending the claim.

Unfortunately I didn't get my costs back regarding the N244 application. The judge felt I couldn't prove that I didn't just ignore the letters I think basically, and that this is a very common situation. I made the point that the bailiffs sent letters to a different address to the claimant, indicating they'd clearly carried out a trace which the claimant hadn't. However the judge felt I was not clear about this in my witness statement, which looking back is probably my mistake:

4.     The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I was forwarded a letter on 1st May 2023 from Direct Collection Bailiffs Ltd dated 20th April 2023, sent to a previous address (X, last resident in July 2021), by the landlord of that address. See Exhibit A.

I can absorb the costs so am fortunate in that sense, but I guess I'm annoyed a little with myself and on principle. But at least I don't have an outstanding CCJ, and I'm pretty sure I could win should VCS pursue the claim. The Judge mentioned he would issue DQs as the next step.

Thanks for all your help everyone, especially @Coupon-mad, made it all a lot less intimidating.

Le_Kirk

Well done on having it set aside.  Do you now have to submit a full defence or are they going to use your draft?

k2122

I'm not too sure! I think I'll have to submit a full defence if it goes to small claims again?

Grizebeck

The judge would have told you

Coupon-mad

k2122 said:

I'm not too sure! I think I'll have to submit a full defence if it goes to small claims again?

It doesn't work like that.

Surely the Judge told you what is required?

Grizebeck

Coupon-mad said:

k2122 said:

I'm not too sure! I think I'll have to submit a full defence if it goes to small claims again?

It doesn't work like that.

Surely the Judge told you what is required?

Of course they would have done so

Le_Kirk

Grizebeck said:

Coupon-mad said:

k2122 said:

I'm not too sure! I think I'll have to submit a full defence if it goes to small claims again?

It doesn't work like that.

Surely the Judge told you what is required?

Of course they would have done so

But the OP in their euphoria at gaining the set-aside has forgotten/didn't hear what the judge said - presumably it will be on the order?

Grizebeck

Le_Kirk said:

Grizebeck said:

Coupon-mad said:

k2122 said:

I'm not too sure! I think I'll have to submit a full defence if it goes to small claims again?

It doesn't work like that.

Surely the Judge told you what is required?

Of course they would have done so

But the OP in their euphoria at gaining the set-aside has forgotten/didn't hear what the judge said - presumably it will be on the order?

Yes it will be

k2122

Yes I honestly couldn't really hear the judge all that clearly, so only caught directions questionnaires. Will update once I hear back

Grizebeck

k2122 said:

Yes I honestly couldn't really hear the judge all that clearly, so only caught directions questionnaires. Will update once I hear back

You should ring the court and see if they can give you the order details over the phone