Discovered a CCJ on Credit Report. Incorrect Address.

DOMRIDER

Coupon-mad said:

Errrmm...
I wasn't telling you to change the Draft Order!  Read my reply again, that isn't what I said to change.

Whoops, that was a huge waste of time! It's ridiculously easy to misunderstand something and end up going down the wrong rabbit hole for ages. 

REVERTED DRAFT ORDER

CLAIM No: XXX

BETWEEN:
XXX (Claimant)
-- and --
XXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on 2nd of June;

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on Defendant's usual residential address;

AND UPON more than 4 months having passed (CPR 7.5 refers) from issue of proceedings 31st of December 2021.

IT IS ORDERED:

1. The Judgment by default entered against the Defendant on 17th of April 2023 is hereby set aside.

2. The claim should be struck out as more than 4 months has passed from issue of proceedings 31st of December 2021.

3. Costs of the application be paid by the Claimant to the Defendant in the sum of £275.

DOMRIDER

Coupon-mad said:

So the reference to the IPC CoP is wrong and must be replaced by the rival BPA CoP quote about checking derails before litigation. Google & find that.

The rest looks great - except this doesn't match what your draft order says

3. What order are you asking the court to make and why?
An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they signed up to the Experian credit reference agency on 19th of May 2023 and acted promptly in making this application.

N244 - Application notice. 

3. What order are you asking the court to make and why?
An order that Judgment by default entered against the Defendant on 17th of April 2023 is hereby set aside. The claim should be struck out as more than 4 months has passed (CPR 7.5 refers) from issue of proceedings 31st of December 2021. Costs of the application be paid by the Claimant to the Defendant in the sum of £275.

4. Have you attached a draft of the order you are applying for? Yes

5. How do you want to have this application dealt with? At a hearing

6. How long do you think the hearing will last? 30 minutes Is this agreed by all parties? No

7. Give details of any fixed trail date or period N/A

8. What level of Judge does your hearing need? District Judge

9. Who should be served with this application? Claimant

10. What information will you be relying on, in support of your application? the attached witness statement, the evidence set out in the box below. 

I will cite the 'witness statement' and 'draft order' in this box. Do I need to tick the statement of case? 

Coupon-mad

Much better but remove the word 'should'.

Just the slightly odd but legalese phrase 'be struck out' is OK.

DOMRIDER

Hi all, just an update.

I now have a court date for early next month. I am familiarising myself with the threads again so I'm able to state my defence at the hearing. I recieved notification of the hearing on the 21st of August, but I'm a little out of whack as now have a newborn and we've been in and out of the hospital for the past 8 weeks, so hoping I haven't missed any important steps.

Gladstone Solicitors sent a letter at the end of August to inform me about a rectification of data with my residing address now stated. However, I have not received any further correspondence from either them or Premier Park Limited.

All other correspondence either the transfer of proceedings or the notice of hearing have been sent via post. I have had no email correspondence. 

As I understand it this is a hearing for my application to order a set aside judgment in relation to the CCJ. I have reviewed @hallie28 and @Brokenchief posts and am I correct in saying I now need to produce a skeleton argument? Is there any I need to submit to the court prior to the hearing?

Thanks

Coupon-mad

I would, because you can also now add CEL v Chan which is about a CCJ set aside case and supports your request to dismiss the claim as well as to set aside the CCJ and grant your costs.

Search the forum. Chan is everywhere!

Also is this a case where you were driving or not?

DOMRIDER

Coupon-mad said:

I would, because you can also now add CEL v Chan which is about a CCJ set aside case and supports your request to dismiss the claim as well as to set aside the CCJ and grant your costs.

Search the forum. Chan is everywhere!

Also is this a case where you were driving or not?

Thank you. I'll review this and attempt to pull a draft together.

DOMRIDER

Hi all.

I have received correspondence from their legal representatives. Should I post this (with elements redacted) for review?

KeithP

DOMRIDER said:

Hi all.
I have received correspondence from their legal representatives. Should I post this (with elements redacted) for review?

No, not unless you have any questions about it.

DOMRIDER

Thanks KeithP. I'll review the WS and revert back if I have any questions. 

DOMRIDER

Coupon-mad said:

I would, because you can also now add CEL v Chan which is about a CCJ set aside case and supports your request to dismiss the claim as well as to set aside the CCJ and grant your costs.

Search the forum. Chan is everywhere!

Also is this a case where you were driving or not?

Currently reviewing the trial bundle sent to me. I have the following questions regarding their WS that I could do with some advice on. This is in relation to the claim and not my liability.

1.

It is denied that a period exceeding 4 months passed between the claim form being issued and the Judgement being obtained. The Claim form was issued on XX March 2023 and the Judgement in Default was obtained on XX April 2023.

Have I made an error here and misunderstood the dates in relation to the claim? I took it that it was in relation to the issue of proceeding from the date of the PCN and put this on the N244. How should I respond?

2.

Due to the period that had elapsed between the date of the PCN (XX/XX/2021) the Firm carried out a trace via UK Search on XX/10/2022. This was done to satisfy the requirements of CPR, in relation to an address for service if a claim was to be issued. The Trace results were returned the day after. The Defendant was not found by UK Search.

Firstly, this took place a substantial 10 months following the issuance of the PCN, hinting that it might have been carried out primarily to meet the legal service requirements for the claim rather than making a genuine effort to notify me.

If this assertion holds true, why hasn't the claimant provided any supporting evidence for the search? I've reviewed the evidence they have submitted, and there is no documented proof to validate this statement. Why is there a lack of written records regarding the search?

3.

In the event that notwithstanding the above the court still wishes to consider whether or not to exercise its discretion with a view to setting the Judgment aside, the Claimant puts the Defendant to full proof that they have acted promptly and without delay in making this application and that they have a reasonable prospect of successfully defending the Claim if the matter is returned to Claim stage.

In respect of the first limb of the above criteria, in view of the aforementioned paragraphs, the date the Claim was issued and as 3 months passed before the Defendant made the application; the Claimant respectfully submits the Defendant has not acted promptly in making the application and for this reason, the application ought to be struck out.

I would emphasise that my lack of knowledge about the claim being filed is central to this matter. I was entirely unaware of the claim until I discovered the CCJ when reviewing my credit score on May 19th. The crucial point here is that I had no prior notice or knowledge of the legal proceedings against me.

Upon discovering the CCJ, I acted promptly and diligently. As a layperson, I navigated the relatively complex legal process to file the set aside application within 7 weeks. I believe this timeframe represents a reasonably prompt response, especially given the need to gather information, understand the process, and complete the necessary paperwork.

4.

I have a few questions on their response to my application, namely their statement of…

It is submitted that the evidence filed in support of the Claimants case is extremely compelling and that there is little or no prospect of the Defendant being able to successfully defend the claim.

I have a few counterarguments based on their submitted documentation so should I be ready to ‘set the scene’ for the judge so to speak? i.e. signage etc.

5.

Finally, does CEL v Chan apply? The WS and subsequent evidence documentation is the first I have seen of their case. Should I post the PoC on here for review considering this? If I were to add this would it be a revised version of my WS or a shorter supplementary version where I refer to the CEL v Chan transcript?

Also, the court date is next Monday, if submitting how should I do so? Thanks as always.