Help needed ASAP - CCJ set aside application

ribenacat346

@Le_Kirk @Coupon-mad
The judgement amount is £277 so maybe my thought of £75 was me being overly hopeful.

I still thought 13.3 would apply for a set aside, from reading this forum and similar circumstances - however I must have misunderstood? There seems to be other successful examples on here of paperwork being served to an old address after moving, am I missing something on these examples? 

It seems my best option is to explore a payment plan with ELMS Legal. Is there an amount you'd recommend to offer them to settle?

Thank you for your responses.

Coupon-mad

CPR13.3 (discretionary set aside) likely does apply. I explained why it might - mainly due to your good prospects of defence - but also said it is down to the Judge's discretion when applying CPR 13.3.

CPR 13.2 (mandatory set aside) doesn't apply.  The claim was properly served. Elms could not possibly have known you'd just moved.

There seems to be other successful examples on here of paperwork being served to an old address after moving, am I missing something on these examples? 

Thousands of successful examples here. Different in your case though.

What you are missing is that you'd only just moved and knew (or should have known) that you were very close to court stage. Elms couldn't possibly be blamed for not tracing a new address in these circumstances - a house move just weeks before the claim and after several warnings.

So whilst other posters (who moved a year ago or more, yet the legals didn't bother to trace their new address) have a mandatory set aside case under CPR 13.2 I don't think you do.

You'd also be risking a CCJ and throwing in £275 to tentatively find out if a Judge agrees with your application under the riskier CPR 13.3.

That's completely different than most cases here.  People have usually already got CCJs and are likely to get their £275 back.

You do not have a CCJ and it's a huge risk and £275 cost. You could start at £75 and see - I predict they'll accept £150.

ribenacat346

Coupon-mad said:

CPR13.3 (discretionary set aside) likely does apply. I explained why it might - mainly due to your good prospects of defence - but also said it is down to the Judge's discretion when applying CPR 13.3.

CPR 13.2 (mandatory set aside) doesn't apply.  The claim was properly served. Elms could not possibly have known you'd just moved.

There seems to be other successful examples on here of paperwork being served to an old address after moving, am I missing something on these examples? 

Thousands of successful examples here. Different in your case though.

What you are missing is that you'd only just moved and knew (or should have known) that you were very close to court stage. Elms couldn't possibly be blamed for not tracing a new address in these circumstances - a house move just weeks before the claim and after several warnings.

So whilst other posters (who moved a year ago or more, yet the legals didn't bother to trace their new address) have a mandatory set aside case under CPR 13.2 I don't think you do.

You'd also be risking a CCJ and throwing in £275 to tentatively find out if a Judge agrees with your application under the riskier CPR 13.3.

That's completely different than most cases here.  People have usually already got CCJs and are likely to get their £275 back.

You do not have a CCJ and it's a huge risk and £275 cost. You could start at £75 and see - I predict they'll accept £150.

Thanks so much for clearing this up. 

Wish me luck with negotiating with ELMS Legal! I've kicked things off with an offer of £100.

UncleThomasCobley

You're screwed under CPR 6.9 because, as @Coupon-mad has pointed out, the claim was correctly served to your last know address. However, under the circumstances, you did not receive the claim because you had moved. It would certainly assist in persuading a judge that CPR 13.3 should apply together with the argument that it is a very defendable claim.

It just depends on how bullish you are and whether you can afford to lose.

ribenacat346

Unfortunately I can't really afford to lose. 

I've managed to get ELMS Legal to £170 which they said is the balance it was passed to them at - hope this info may be helpful to anyone else in a similar negotiating situation. 

Thanks again from those who've helped and shared advice.