CCJ for PCN I knew nothing about

1505grandad

A pedantic observation:-

Para 2.2  -  "Boxwood [2021] EWHC 947 (TCC)1"  -  all other cases stated include the other party  (in this case it is 
-v- Gleeson)

hallie28

Coupon-mad said:

All good.  I like this:

"I propose that this is intentional misinformation and a contempt of court."

Add hyperlinks to the case law transcripts that you should find as links on Casemine or Swarb.  Saves attaching pages & pages!

As with all submissions, email the skeleton to the local court and Gladstones.

You do not sign a skeleton.

Fab thank you, this has been really helpful. Would it be OK to add the following paragraph?

The Claimant did not have any response from communications sent to XX but then filed a claim there anyway. In their witness statement, they report that they did not file the claim to the ‘possible alternative address’ as they did not receive a response, thus “that address could not be confirmed for GDPR purposes”. There is no rationale for why a non-response at XX did not meet those same criteria. Had the claimant completed the Experian search as claimed and found an alternative address, this would be the usual or last known residence of the Defendant for the purposes of CPR 6.9, as this search would have been completed after the DVLA request.

Coupon-mad

Very good point.  Add it.

Le_Kirk

1.    Under CPR 13.2, the Court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside. As the Defendant did not give an address to the Claimant at which the claim could be served at (because the defendant was not asked), CPR 6.9 applies. CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

Nice bit of grammar ruined by adding the "at" again!

hallie28

Gladstones have responded with a skeleton argument. They have attached a letter that they sent to my correct address in June 2022. This invalidates some (but not all) of my argument.

I've attached the letter they sent to correct address and their skeleton argument.

Any advice would be appreciated about defending myself on Tuesday will be helpful, as I feel this has wobbled me a bit.

Castle

What is the date of the letter they "sent" to your new address in June 2022?

B789

Have they submitted strict proof that they did a soft trace? Have they submitted proof that they sent correspondence to the second address? If they've failed either of those, you have your evidence of unreasonable behaviour from them.

1. You can prove whether you are employed
2. You can claim those costs if they have acted unreasonably.
3. As point #2. It is for the judge to decide whether the Claimant has acted unreasonably.
4. As point #2.
5. They are put to strict proof that they sent a letter to the second address.
6. Your costs are itemised. The Claimant is put to strict proof that they have incurred their additional costs above the original £100 charge and to itemise those costs. Failing to do so, is additional proof of unreasonable behaviour by the Claimant.

hallie28

I have just got out my hearing.

The CCJ has been set aside.

The judge didn't award costs or dead the claim. I raised the relevant case law, but she said this should be included in my defence rather than dealt with in todays hearing, as she felt the only relevant matter was setting aside the claim. She said the same for the costs.

She has given me 2 weeks to file my defence.

So am I now at the 'general directions stage'? I've done this stage before with a different claim, so it shouldn't be too hard to pull together. 

Can I still claim my costs?

As I was pregnant, and the reason for stopping momentarily (their photos have evidence of 1 minute!) was because I'd been sick, it is worth mentioning that pregnancy is a protected characteristic?

Is there anything else I need to be aware of? (I am so exhausted from this, I understand why people give in and just pay!)

Coupon-mad

Can I still claim my costs?

If the Judge said she'd 'reserve' costs then yes.

If her Order (you'll receive it later) says 'no Order as to costs' then she's crushed them.

Nicely done!  We know it is very hard.  But mission accomplished so far.  No CCJ by next month once it wipes!

Show us your draft para 2 and 3 of the Template Defence and don't send it to Northampton!

PowerPlay21

hallie28 I just wanted to say, "Well done." I've been watching your journey from afar, and you've really been through it, but kept going. Hopefully the end is insight for you now.