CCJ When Moved

manutd99

My last thread is here

https://forums.moneysavingexpert.com/discussion/6253528/parking-ticket-gladstone-solicitors#latest

That was 2 years ago. At the time I received 2 notices. One beginning with H7 and one with H6. Two for different days.

I recall receiving a court date for H7. Before the court date they backed down. That was 2 years ago and all forgotten about. I do not believe I received a court date for H6.

I own property A. I moved to Property B (lived in rented property) around the time of incident (Nov 2021) . I did not live in property A and rented it out at the time.

I moved back to Property A in October 2022 with no access to property B.

I have received a CCJ letter from Gladstones solicitors to property A which stated I have to pay £249 within 30 days otherwise I will receive a CCJ. This is for H6. 

I have logged onto moneyclaims website. Moneyclaim it seems had my property B address therefore did not receive court letter.  Gladstones had my property A address.

Having logged in for H6 and it states the following

Claim History

Case Stayed on 18/12/2023 at 19:40:27

Case Stay Lifted on 24/01/2024

A judgment was issued against you on 24/01/2024

So was a court hearing date sent on 18/12/2023. Can they do this 2 years later when H7 under exact same conditions was not taken forward. Presume they can.

What do I do now? I have done a little research and read a little about applying for "set aside" Need more info on this.

What do I do for that and what does that mean. Does that mean I get the chance to start again?

I have checked my sent e-mails. I submitted a defence for H7 and H6. I submitted a directions questionnaire for H7 only. Gladstones seems to be same.

What is a case stayed anyway? 

Coupon-mad

The CCJ set aside section in the NEWBIES thread is there to help you understand it.

There was no hearing.  This was an automatic judgment against you, for not sending in something like a defence or DQ form.

What else does the history say before that?

manutd99

There is nothing else in history before that.

In the history for H7 it has DQ filed by me and claimant in 2021. Nothing for H6.

Would they have sent something else before 18/12/2023 in 2023.

I did submit a defense in 2021 but did not receive DQ form in 2021 for H6

DVLA have property A address so surely all paperwork should have been sent to property A. Presume as original claim had property B address they sent there but common sense would be to check DVLA records.

manutd99

I have rang money claim online to get more info and now want to where I stand

Defense was sent June 2021. 

Money claim said they then sent - Decision to proceed in July 2023. Unsure if that's something Gladstones would have sent to money claims or money claims decided to re-open.

I was then sent a DQ form thereafter. Advised this was sent to old address

I queried why it took over 2 years. Person who I spoke to also said that was strange. Mentioned something about 33 days. No sure what she meant. She will send a query to management and I have to ring back in a few weeks. Said if management agree it may be put to a a judge. 

My question is. After sending the defense. Can they send a DQ form and / or intention to proceed 2 years later?

Letter from Gladstones was sent 24th Jan saying if i do not pay within 30 days I will get a CCJ.

Unsure how to proceed. Obviously don't want a CCJ. Do I apply for set aside or wait? Issue is approx 24th Feb il get a CCJ now and no idea of outcome of investigation

Coupon-mad

You are in imminent danger of a CCJ.

Send your DQ form URGENTLY to the 2 emails as per the first 12 steps in the Template Defence first post. 

And in the covering email (you MUST cc Gladstones) object to the 2 year delay and say you phoned the CNBC to complain that this 'no questions asked' policy of bending over backwards to indulge every whim of a bulk litigator - after years of delay - just favours rogue parking firm Claimants.

Letting them move an ancient case on two years later (without requiring the notorious roboclaim machine litigator to do a fresh 'soft trace' to check the current address) clearly disadvantages defendants who are very likely to have moved house since a 2021 claim.

State that both the court service and Gladstones MUST erase the old address which is not good for service of documents.

You moved on DATE & a utility bill is attached to prove you are the same data subject (Defendant) and you now reside at:

NEW ADDRESS

...which Gladstones EASILY found in order to send a gloating CCJ threat in 2024, so they should have done that trace in Summer 2023.

Because they didn't, the DQ supposedly sent to the old address in Summer 2023 was never properly served.

Sitting in their hands then pouncing to proceed more than 2 years after the case was defended bears all the hallmarks of negligent or deliberate sharp practice, sadly enabled by the claimant-favouring CNBC.

This is appalling but to 'play the game' that the CNBC actively continues to meekly facilitate for this rogue industry, the victim Defendant has downloaded a DQ and the completed form is attached.   Bring it on.  The Defendant will draw the attention of the Judge to this wholly unreasonable conduct in the course of litigation and how easy lt was proved to be, for Gladstones to find the right address for the Defendant.



 

manutd99

What are chances that directions questionnaire is accepted and the CCJ is put hold. Has it ever happened before? 

To add to the above Gladstone's cannot have sent me any letters or stating their intention to proceed as they did not have my old address. They only had my current address as was only at old address temporarily and moved back to current address. No letters received from them until CCJ letter.

Surely they should have sent me something. 

Coupon-mad

There isn't a CCJ - yet - and by filing & serving the DQ you are stopping it.  Do it QUICKLY!

Please just do what I said above. Use my wording.  Do it now.  Get auto-receipts.

manutd99

DQ Form was sent 12th Feb. Checked moneyclaim online website and no update to say DQ Filed

Rang the moneyclaim number. Waited an hour for the call to be answered. They said my query I raised few weeks is under investigation and currently with the DQ team. Agent have marked as urgent.

So as no update where do stand. Will a CCJ be applied? Who applies this? Is this the court or Gladstones. I did cc Gladstones on my DQ form email. They did reply with seek legal advise. Doubt they will help me in anyway. Is it worth a try as to why they didn't contact me on new address prior to this and get them to put CCJ on hold?

If Judgement date is 24/01 what exact date will CCJ be applied? 23/01 so pay by 22/01?. Obviously dont want a CCJ. Got practically few days to resolve. 

Question is if not resolved by the date. Do I pay to avoid CCJ as dont want the CCJ, How hard will it be to remove?

Very stuck and no idea which way to go

Coupon-mad

If Judgement date is 24/01

You don't have a judgment. MCOL history tells you that.  My advice is unchanged and this is nothing to worry about.  Happens all the time.

manutd99

Coupon-mad said:

If Judgement date is 24/01

You don't have a judgment. MCOL history tells you that.  My advice is unchanged and this is nothing to worry about.  Happens all the time.

Sorry dont understand when you say I dont have a judgement

MCOL history states 

"A judgment was issued against you on 24/01/2024"

Received a letter from Gladstones a CCJ will be applied within 30 days

So will a CCJ be applied now that I have sent a DQ form? 

Coupon-mad

That's the first you've told us that MCOL says that?  OK you do have a CCJ.

Apply to have it set aside but be aware in the meantime the CCJ is NOT FROZEN and will only be lifted when the Judge deals with the case at the hearing your £275 pays for.  Most people see that fee ordered against the Claimant. 

The alternative is pay within 30 days in full.