CCJ I didn’t know about!

KeithP

Jamesingram1 said:

Coupon-mad said:

Yep you need to track those down.  Either from the CCBC or from your old address.

I don’t have access to my old address.

What do you mean?

Surely you can go to your old address, knock on the door and say "Excuse me, my name is James Ingram, I used to live here. Sorry to be troubling you but have you received any mail here addressed to me?"

Coupon-mad

Jamesingram1 said:

Coupon-mad said:

Yep you need to track those down.  Either from the CCBC or from your old address.

I don’t have access to my old address. I called CCBC and they told me the don’t have particulars, because I didn’t respond to the claim it was awarded by default 

So the CCBC did not receive the detailed POC but awarded the CCJ by default anyway.

@Johnersh is that lawful by the CCBC?

Without a copy of the promised 'detailed POC' arriving at the CCBC, hasn't the time-clock to defend not started ticking?

Or can the CCBC merely assume they were posted to the Defendant because the generic basic POC (copied & pasted in an earlier post above) said they would?

Jamesingram1

I doubt they would be keeping my post that long 

Johnersh

The claim form makes clear particulars are to follow. I agree that this means that default judgment could not be obtained on the claim form and incomplete wording therein IF it really is the case no particulars were filed. Cpr 15.4 creates the obligation to do a defence when PoC are served. 

In fact, if it's 4 months since the claim form was served, it can be argued that they have failed to particularise and it needs to be set aside and struck out.

The court don't do default judgment of their own volition. It needs to be requested. That means the claimant requested it. They have either requested when not entitled or the court counter staff have made a mistake. Both options are possible. 

KeithP

Jamesingram1 said:

I doubt they would be keeping my post that long 

There's one way to find out.  

You never know, they may have a whole heap of mail just waiting for you to collect.

You told us earlier...

...this CCJ has a judgement date of 27/04/23

...so it is only a couple of months ago.

Coupon-mad

Johnersh said:

The claim form makes clear particulars are to follow. I agree that this means that default judgment could not be obtained on the claim form and incomplete wording therein IF it really is the case no particulars were filed. Cpr 15.4 creates the obligation to do a defence when PoC are served. 

In fact, if it's 4 months since the claim form was served, it can be argued that they have failed to particularise and it needs to be set aside and struck out.

The court don't do default judgment of their own volition. It needs to be requested. That means the claimant requested it. They have either requested when not entitled or the court counter staff have made a mistake. Both options are possible. 

Yes, as I thought, thanks.

The OP needs to argue the above, in their WS that accompanies their N244 application this month.

The CCBC were contacted by the Defendant and cannot locate any detailed POC at their end.  None were served to the Defendant either. Therefore it was never open to the C to request default judgment. The CCJ must be set aside and the entire claim struck out. 

A good recent CCJ SET ASIDE thread is the one by @hallie28

Jamesingram1

Thank you. I’lldo that form and mention this 

Coupon-mad

Share your WS first, like Hallie did.  You can use the same case law but start with your own facts/dates and the wording Johnersh gave you. He's a solicitor.

Jamesingram1

Application to set aside being heard on 10 July 

Jamesingram1

Coupon-mad said:

Share your WS first, like Hallie did.  You can use the same case law but start with your own facts/dates and the wording Johnersh gave you. He's a solicitor.

I hadn’t seen this. Essentially my statement said what was written to me above. I also pointed out the cpr