6 PCN's and a historic CCJ

UncleThomasCobley

Having only had a brief look, para #7 is wrong. Go have a read of the CPRs 13.2 and 13.3 to see what each refers to. CPR 13.3 is nothing to do with wrongly served claim.

In reference to para #10, your drivers licence has nothing to do with the claim being served to the wrong address. They address they initially use is whatever is on your V5C. Why reference that in your WS. There are plenty of posts by @Coupon-mad that tell you how to word the fact that they used an out of date V5C address instead of doing the mandatory credit search for an up to date address for service.

63realfan

UncleThomasCobley said:

Having only had a brief look, para #7 is wrong. Go have a read of the CPRs 13.2 and 13.3 to see what each refers to. CPR 13.3 is nothing to do with wrongly served claim.

In reference to para #10, your drivers licence has nothing to do with the claim being served to the wrong address. They address they initially use is whatever is on your V5C. Why reference that in your WS. There are plenty of posts by @Coupon-mad that tell you how to word the fact that they used an out of date V5C address instead of doing the mandatory credit search for an up to date address for service.

Hi Uncle, 

Ofcourse it isn't. That's my mistake. Reason that was on there was because I used it for my set aside case where I did not receive the claim due to Postal strikes hence why that was on there. Apologies. 

With para 10, i've got slightly confused too. Was meant to put that changing the DL updates the v5..doesn't it? I'll check Coupons posts, I don't think I've looked at enough case witness statements that are used for set asides due to address mistakes. 

Many thanks

UncleThomasCobley

DL and V5C are not related whatsoever. Updating one does not update the other. However, as the V5C address can only be obtained once, it is only a snapshot of the address on the day. The claimant is obliged to do a 29p soft search for a current address if they have had no response to any previous correspondence to the address on the V5C.

63realfan

UncleThomasCobley said:

DL and V5C are not related whatsoever. Updating one does not update the other. However, as the V5C address can only be obtained once, it is only a snapshot of the address on the day. The claimant is obliged to do a 29p soft search for a current address if they have had no response to any previous correspondence to the address on the V5C.

And would the V5C show his old address or new one? Is it that you must informed DVLA each time you move house? I think he got a new V5 in January 2022 anyway

Coupon-mad

Was meant to put that changing the DL updates the v5..doesn't it?

No.  The V5C shows whatever address is on the V5C and changing the DL address doesn't update it.

You need to add a third point to the Draft Order and in the box on the N244, about striking the claim out due to the Chan case, I suggested asking for an Order for three things here:

https://forums.moneysavingexpert.com/discussion/comment/80335817/#Comment_80335817

And attach the Chan transcript as an exhibit.

63realfan

Coupon-mad said:

Was meant to put that changing the DL updates the v5..doesn't it?

No.  The V5C shows whatever address is on the V5C and changing the DL address doesn't update it.

You need to add a third point to the Draft Order and in the box on the N244, about striking the claim out due to the Chan case, I suggested asking for an Order for three things here:

https://forums.moneysavingexpert.com/discussion/comment/80335817/#Comment_80335817

And attach the Chan transcript as an exhibit.

No problem - I get it. I do think he said he got a new V5 when he changed address though. I remember him saying he got a new one. I’ll add what you’ve suggested. Should I change anything else? 

To top things off - he’s received a text message today from “Empira LTD” stating” 

“XXXXXXXXX REF XXXXXX We have been

instructed to enforce a judgment

against you for £741.98 Please

contact us immediately to avoid

an agent visiting your address to

remove goods for sale at

auction. Call now on”

Odd that they’ve sent that as we’ve been prepping our WS/DO. He’s panicking and said he’s going to call them. I told him to wait till I hear back. What should he do? Should he call and explain that he’s got a set aside application going in? 

Coupon-mad

Get the application in and paid for THEN he sends Empira or Gladstones a copy as proof.  Do not call them. No phone calls AT ALL.

Get the application in and paid for.

63realfan

Coupon-mad said:

Get the application in and paid for THEN he sends Empira or Gladstones a copy as proof.  Do not call them. No phone calls AT ALL.

Get the application in and paid for.

That’s exactly what I thought to do. Thank you. Another thing, how did they get his number?!

Coupon-mad

From a Credit Reference Agency soft trace.
Perfectly OK.

63realfan

Thank you @Coupon-mad

Just to check with para 10, should I include the date of moving to new address and the fact that the V5/DL was changed both at same time or just take this out altogether? Apart from that I'm ready to submit everything (well my friend is with my present)