CCJ Issued but 1 Month has Elapsed (Highview Parking & DBCLegal)

Coupon-mad

Submit it straight away.

You can certainly state that DCB Group have the capacity to easily find addresses. It's what their bailiffs do for fun.

The 4 months dead argument is from CCJ.

EngineerAmber

Bill thanks so much everyone I'll get that sent today. I'll remove the point about 4 months then.

EngineerAmber

Hey Everyone, I'm so close to submitting but have updated the Draft order to 6 points instead of 3. Is that correct?

What court do I put on the Draft Order and do I submit with the N244 & WS? 

IT IS ORDERED that:

1. The default judgment dated XX/XX/2023  XXXXX Should I specify?? be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXX Should I specify?? paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on  XXXXX Should I specify??
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275.

6. All enforcement be put on hold pending the outcome of the application.

Thanks so much

EngineerAmber

Took a punt - it is gone. Fingers crossed. Thanks again for all your help.

Coupon-mad

No that's not current advice. Never mind but that wasn't what you want ordered.  There was also no point rushing to email it today because it's not a 'live' application until you pay the fee next week anyway do this one was a mistake.

Do it again over the weekend with the three points seen in all recent CCJ threads.  Read a few!

When you phone the CCBC to pay the fee on Monday tell them to disregard the first email and use your second one. Make it clear which.

EngineerAmber

Ok thanks. I’ve already paid and will send a follow up with a new draft order. It’s confusing with all the different threads and some conflicting info. I saw some recommending change from 3 points to 6 points. 

Is my original draft order ok?

Coupon-mad

Can't recall. Show it again as we never look back! No time. We do this in our own time.

EngineerAmber

UPON reading the Defendant's application dated 27 October 2023 and the annexed witness statement of XXXXX dated 27 October 2023

IT IS ORDERED that:

1.    The judgment for claimant dated 10 March 2023 is set aside on the grounds that the defendant has not been validly served as the Claim Form was sent to the Defendants former address. 

2.    The claimant to pay the Defendant's cost of this application £275.

3.    Order for original claim to be dismissed.

Coupon-mad

Yes. No idea why you changed it to older versions.  Does that also match what Order your N244 said the applicant was asking for?

EngineerAmber

Thanks so much. There is an overwhelming amount of info and I saw on some of the recommended threads saying you need the 6 point not 3. I will get corrected and call them to make sure the correct one is received.