CCJ from PCN - No Notification or Correspondence

HelpUs2024

Need your help please - we have read other posts and cannot find our situation.

Situation:

• Applied for a mortgage in principal, was declined due to something appearing on the credit file.
• Since checked all 3 (having only checked 1 previously, not realising that they don't share the info).
• Found an unsatisfied CCJ on partners credit file from just over 2 years ago.
• Called the court for info, they passed us on to the creditor, had very threatening behaviour from them, would not consider a set aside even if we paid, so we ended up paying the full amount (less than £300) - PLEASE NO GRIEF ABOUT THIS, we didn't know any better and only read on the MSE forum after that we shouldn't have contacted or paid.
• CCJ was for a PCN over 5 years ago, which was originally disputed with parking company and proof of purchase supplied to them at the time, the hospitality venue agreed that it was a technical error and would be cancelled, nothing further heard from them (and yes my partner didn't chase it either).
• We've had no correspondence whatsoever since then, no demands, court claims, nothing.
• We've requested copies of the Particulars of Claim, Default Judgement and exact address used from the Courts to hopefully apply for a "set aside" request (awaiting these via post).

Questions:

• We believe the "set aside" request is valid due to no correspondence, but we understand this is impossible to prove. Has anyone else had this happen and if yes, did you win your "set aside" request?
• What do we do once we receive the court documents?

Thank you in advance for your help, and please ask anything you think we have missed.

Coupon-mad

Yes your partner has grounds to apply to set the CCJ aside and ask for a refund of the money that he/she will say was 'extorted with menace' - particularly easy if the claim form went to the wrong address ... did it?

The 5 username links in the CCJ set aside section of the NEWBIES thread show how to go about it.

HelpUs2024

Thank you for your reply. We won't yet know for definite if the claim form went to an incorrect address, they courts have said our address is correct but awaiting the official paperwork. The debt recovery firm apparently has no copies of the original claim due to it being passed over from a previous debt recovery firm (of a similar name).

Thank you I will take a look at the 5 username links.

HelpUs2024

I have drafted the following:

- N244 form
- Draft Order - see below
- Witness Statement from Defendant - see below
- Witness Statement from Defendant's partner - see below

Please would someone take a look and tell me what else I can add/amend - TYIA

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant

– and –

Defendant

YOUR NAME

 

DRAFT ORDER

Upon reading the defendant's application dated …

IT IS ORDERED THAT

a)     The Judgment for Claimant dated XX August 2021 be set aside as the claim form was not received at the Defendant’s address;

b)     The Claimant to pay the Defendant’s costs of £228 for time in preparation at the Litigant in Person rate of £19 per hour for 12 hours;

c)     The Claimant to reimburse the Defendant the full Judgement order of £XXX which was made by the Defendant to the Claimant on XX February 2024 due to the Claimant’s extortion with menace tactics; and

d)     The original claim be dismissed.

 

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant

– and –

Defendant

YOUR NAME

 

WITNESS STATEMENT OF FIRST NAME LAST NAME

I, FIRST NAME LAST NAME of ADDRESS, being the Defendant in this matter request as follows:

1.     Set aside the Default Judgement dated XX August 2021, as it as not properly served at my current address.

2.     Order for original claim to be dismissed.

3.     Order for the claimant to pay the defendant £XXX as reimbursement for the settled default judgement.

4.     I understand that the claimant obtained a default judgment against me as the Defendant on XX August 2021.

5.     I am aware that the claimant is XXX, and that the assumed claims in respect of an unpaid Parking Charge Notice.

6.     The claim form was not received at my current address, and I thus was not aware of the Default Judgment up until the declined Mortgage in Principal application and subsequent request for credit reports.

7.     The missing claim has still not turned up to date, thus it remains unserved.

8.     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 discovered a CCJ was lodged against my name on XX February 2024 tarnishing my credit history.

9.     I acted promptly by immediately contacting the CCBC on XX February 2024 raising my concern in relation to the Default Judgment only to be told by the court administrator that they do not know why I did not receive the claim form as it was sent and that I would need to contact the Claimant.

10.  I acted promptly by contacting the Claimant on the same day of XX February 2024 and whereby I was intimidated into paying and thereby satisfying the CCJ in full after failed requests for them to agree to consent to set aside the Judgment due to a failure to be served.

11.  I contacted the CCBC again on XX February 2024 to obtain more information asking for the Particulars of Claim and Default Judgement be emailed to me and was informed by the CCBC this was not possible and only able to be posted due to Data Protection Act, however these documents have still not arrived at my address.

12.  I also refer to CPR 13.2 (the court must set aside a judgment entered under part 12 if judgment was wrongly entered).

13.  In addition, I refer to CPR 13.3, which states:

 13.3

(1) In any other case, the court may set aside) or vary a judgment entered under Part 12 if –

 (a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

The defence in itself meets the “some other good reason” in CPR 13.3 to set aside the CCJ at the court’s discretion in the interests of justice.

14.  I submit the Judgment should be set aside under CPR 13.2(a) as the claim form was not served.

15.  Should the Judgment be set aside, I am confident I can robustly defend the original Parking Charge Notice.

16.  I am prepared to swear on oath that the claim was not served and that is still the position to date. 

17.  I further attach a Witness Statement of my fiancée Miss Ruth Preston, who is prepared to swear on oath that she did not receive any claim form at our address.

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement of trust without an honest in its truth.

Signed

Dated

 

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant

– and –

Defendant

YOUR NAME

 

WITNESS STATEMENT

I, FIRST NAME LAST NAME of ADDRESS, being the Defendant’s fiancée submit my supporting statement to the defendant’s application.

 

I confirm:

1.     I am the only other person in our household whom handles the Defendant’s postal correspondence.

2.     No letters were received in relation to a court claim against the Defendant.

3.     I am willing to swear on oath that a claim form was not received.

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement of trust without an honest in its truth.

Signed

Dated

Coupon-mad

You haven't used CEL v Chan (seen in recent CCJ set aside cases) or the '4 months dead' argument seen in almost all of the examples.

it also looks like you've attached no financial proof of having moved & when.  You have to attach that proof.

These costs aren't enough.  It'll cost £275 in court fees alone just to put in this N244:

b)     The Claimant to pay the Defendant’s costs of £228 for time in preparation at the Litigant in Person rate of £19 per hour for 12 hours;

HelpUs2024

To be honest I'm drowning in all the threads, it's far too confusing and I would have considered myself somewhat intelligent until I tried making sense of all this. 

All we know is what is on the credit file, and that has the correct address. My partner moved since the original PCN but we have received nothing at either address for the CCJ or any lead up comms.

Would we be better going to a CCJ solicitors? As I don't know if I'll ever make sense of this as there are too many conflicting threads, and no one seems to be in our situation where we just didn't receive anything to what appears to be the correct address.

Debszzzz2

A. What address were you residing at when the PCN would have been issued?
B. What address were you residing at when the court claim was issued?
C. What address were you living at when the CCJ was issued?
D. What address are you residing at now?

If any of the  addresses above are different to any of the others, then it is likely that the claim was not served to the correct address.

HelpUs2024

A. At previous address
B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court
C. At current address
D. At current address

Debszzzz2

HelpUs2024 said:

B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court

Possibly not unless they send you a copy of the whole clam form. You may want to call the CNBC again and ask them for the date of issue of the claim. If (A) and (B) are different then you will be seeking a set aside under CPR 13.3.

HelpUs2024

Debszzzz2 said:

HelpUs2024 said:

B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court

Possibly not unless they send you a copy of the whole clam form. You may want to call the CNBC again and ask them for the date of issue of the claim. If (A) and (B) are different then you will be seeking a set aside under CPR 13.3.

Thank you, we will call again on Monday and ask them for the date. Will post on here when we have an update.

Le_Kirk

HelpUs2024 said:

B. We don't know when it was issued, hopefully this will be on the PoC which is being posted to us by the Court

Why is it being posted?  Have they not heard of e-mail?