CCJ set-aside. Now Small Claims & Draft Defence.

Coupon-mad

You are correct, and I knew we had a case where that was the reason for not quoting it!

Khayman

Coupon-mad said:

You could call Leeds and ask if they will take the case there, but they might tell you to send it via the centre at CNBC at Northampton first, who will administer it and take payment, then allocate it to Leeds.

...

Check out the stuff that @Chesterfield1970 included in his late WS as well.  That case shows exactly what a Judge WANTS people like you to show the court.  Read his Order he got from the court and make sure you cover ALL the bases his Judge wanted him to cover (took me ages to coach that poster into making sure he stayed on track and answered what the court wanted him to answer).

I called Leeds court today and they said that I could send my application either to them or CNBC, and that I would be called on the number I give in order to take payment, so that all seems good.

I had a look at the thread you referenced, @Coupon-mad and I must admit I couldn't see anything in there really that I don't feel I've covered with my WS? Aside from a draft defence of course! I hope I'm not missing anything?

I'm going to be putting my exibits together today, which will basically amount to the scanned letter from DCBL and a load of documents showing how long I've been at my current address etc.

I'll also be making sure I have the correct URLs to the cases etc.

Planning to send the application off by the end of the week, at which point I feel like just doing that will lift a huge weight from my shoulders!

Khayman

My exhibits include:
Letter from DCBL
Mortgage confirmation
Land registry confirmation 
Electoral register resident confirmation form (I.e. form sent stating we're registered at the address and to confirm no change)
Bank statement confirming change of account details
Latest bank switch letter (to show I'm still here to be found!)

I've also added the links for the 3 cases as sources beneath the relevant points.

Fingers crossed I'm about there!

Coupon-mad

Yes, very good. No draft defence (not a good idea IMHO as that can lead to a mini PCN trial at your expense, instead of focussing on your application which is to set aside the CCJ.

Khayman

Hi,

I've got everything ready to send. Completed N244, Witness Statement, Exhibits, and Draft Order.

I'm planning to email everything to Leeds Combined Court Centre this evening, but I wondered whether anyone had any thoughts about which email address(es) to send it to?! They have several for different things obviously, so I wondered about the following (listed in order of which I think is most relevant/correct):

Listing - efiling.leeds.countycourt@Justice.gov.uk (Listing (district judges)

County court - enquiries.leeds.countycourt@Justice.gov.uk

Admin - leeds@administrativecourtoffice.justice.gov.uk

I appreciate the help!

Johnersh

if it were me I would keep to the facts. Para 11 is kind of irrelevant to what you’re asking for (yes we know you’re cheesed off) and most of the cases are legal argument.

as a question of fact, the statement probably needs to address

1. what is the application about 
2. where was the claim form served if not on the claimant
3. how significant is the failure. Did D move 6 months ago or 6 years.
4. Whether C was *ever* replied to. No response should at least give rise to the query as to whether the address is good.
5. Whether there is a defensible case if judgment set aside and the claim remain in play.

Khayman

Johnersh said:

if it were me I would keep to the facts. Para 11 is kind of irrelevant to what you’re asking for (yes we know you’re cheesed off) and most of the cases are legal argument.

as a question of fact, the statement probably needs to address

1. what is the application about 
2. where was the claim form served if not on the claimant
3. how significant is the failure. Did D move 6 months ago or 6 years.
4. Whether C was *ever* replied to. No response should at least give rise to the query as to whether the address is good.
5. Whether there is a defensible case if judgment set aside and the claim remain in play.

Thanks for your response @johnersh

Re. Para 11, do you mean this?:
11. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that, I have put my utmost effort to obtain necessary information and have managed to submit the case application within 12 days of discovering the Default Judgment.

This was copied from a number of other threads. Do you think I should just replace this with a 'timeline of events'?

For your questions:
1. Is this not covered sufficiently by Para 2?
2. I assume you mean 'where was the claim form served if not the defendant'? I honestly have no idea other than to assume it was sent to the address linked to the CCJ (as stated in Para 4)
3. In Para 4 I also state that I have not lived at that address since August 2015 (which I admit I didn't include in the draft I posted here!)
4. I had thought that Paras 3, 4, and 5 (about not having heard anything about the claim until the letter from DCBL, that I had not lived there since August 2015, and that I had not received any previous documentation from the claimant) would be sufficient?  
5. I have tried to remain vague on this point on purpose as I have avoided going into detail about the claim/defence in favour of focusing on the default judgment.

Would really appreciate your input if you think much needs to change!

Thanks.

Khayman

After a couple of tweaks to clarify things, I have just submitted everything to the court!
Thanks for the help and advice, and for all the resources of the forum!
Fingers crossed!

Johnersh

This was what I was referring to...

11. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” 

None of that really adds anything.

Anyway, you're all lodged now, so sit tight for the hearing.

Khayman

Hi all,

Couple of quick questions if you don't mind!

1) How long shall I wait to hear from the court after submitting my N244 via email? I've had an automated acknowledgement of receipt, but I'm kind of assuming nothing will be done until they've contacted me to take payment. Should I give them a week or so then call the court?

2) I got another letter from DCBL basically just chasing up. Shall I ignore them, or shall I contact them to let them know I've applied for a set-aside and that (I assume?!) they don't need to contact me any further??

Thank you!