CCJ Sent To My Old Address Despite Updating It!

AdamBliss

So I got a text from Gladstones Solitictors on 2nd April saying I owe £799 and that they have issued County Court Claim against me. 

I did not recieve any claim forms. I sent them an email, then they replied back saying they obtained a default judgment against me but it stated my old address.

Went to my old address. Did not find any claim forms!
But I did find a ''Judgement for Claimant (in default)'' letter from the court.

The annoying thing is I updated my address with NPM (Claimant) and Gladstones (Solicitors) LAST YEAR! 
They even sent me a letter confirming they updated my address on their systems.
I will attach them below. 

So what is the option I can take right now? 
Contact the court and tell them that the Claimant did not follow Pre-Action Protocol and did not comply with CPR 6.9 (3)?

Any help will be greatly appreciated! Thank You.

CCJ sent to my old address dated 15th April 2024:



Letter from Claimant confirming they updated my address on 22nd May 2023:


I don't know what games NPM/Gladstones are playing.
They must be annoyed I won the last 2 claims they filed against me. 
Trying everything they can to threaten me and get money from me. 

Phoenix72

Was the change of address they acknowledges relate to the case you won or is this something new?

AdamBliss

Phoenix72 said:

Was the change of address they acknowledges relate to the case you won or is this something new?

The change of address they confirmed via that letter had references relating to previous claims. 

But I do not see how they can an use this as an excuse since I specifically told them to update my address and completely erase my old address. They confirmed they hold my new address on their systems last year.

Also under CPR 6.9 (3) it states: 

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

The Claimant knew very well I moved address. They even sent all previous letters/witness statements etc to my new address since I updated it on May 2023.

But all of a sudden they issue a claim to my old address? (bearing in mind I did not find any claim forms at my old address only the CCJ letter from court)

Whole thing is a joke. 

Gr1pr

Your Exhibits above show that Gladstone were aware of the new address, but they are the lawyers, not the claimant

So did you issue a data rectification notice to the actual claimant ?  NPM. ? One that you emailed to the DPO at NPM. ?

Or when you state claimant, did you actually mean only the lawyer. ?  Ideally it should have been both 

AdamBliss

Gr1pr said:

Your Exhibits above show that Gladstone were aware of the new address, but they are the lawyers, not the claimant

So did you issue a data rectification notice to the actual claimant ?  NPM. ? One that you emailed to the DPO at NPM. ?

Or when you state claimant, did you actually mean only the lawyer. ?  Ideally it should have been both 

Yes! I even sent an email directly asking NPM (Claimant) to update my address back in May 2023. 
and yes it was the DPO I emailed. 

So I basically updated my address with NPM and Gladstones last year.
Gladstones representing NPM sent a letter to my new address on May 2023 confirming the updates. 

Coupon-mad

Just send Gladstones a version the email suggested by a solicitor poster and get THEM to set aside this judgment, at their own expense. 

The suggested email is the first thing you read in the CCJ set aside section of the NEWBIES thread.

Tell Gladstones in your email as well, that you WILL report them to thd SRA for this unacceptable conduct and you will supply the SRA with proof that Gladstones knew and had acknowledged the change of address of the Defendant data subject a year ago but then failed to update all records and have (by lax data processing/failure to match the data subject's known address) caused a CCJ.

AdamBliss

Coupon-mad said:

Just send Gladstones a version the email suggested by a solicitor poster and get THEM to set aside this judgment, at their own expense. 

The suggested email is the first thing you read in the CCJ set aside section of the NEWBIES thread.

Tell Gladstones in your email as well, that you WILL report them to thd SRA for this unacceptable conduct and you will supply the SRA with proof that Gladstones knew and had acknowledged the change of address of the Defendant data subject a year ago but then failed to update all records and have (by lax data processing/failure to match the data subject's known address) caused a CCJ.

Thank you for this. 
I just sent the email to Gladstones/NPM with that email suggest by a solictor and that I will be reporting them to SRA. Sent them all the evidence attached too. 

This was crystal clear violation of CPR and Pre-Action Protocol.
I have all the evidence. Let's see what the Claimant has to say now.

Castle

Contact MCOL and ask if the claim form was returned to them.

Gr1pr

Not just the claimant, most of the above is about the solicitors actions, parking companies are not SRA members 

And don't rule out a complaint to the ICO either, in the future, especially if the DPO at NPM was notified previously 

Half_way

It might also be worth contacting the landowner and informing them of this, as well as the fact that they are jointly and severally liable for the actions of their agents

Coupon-mad

Castle said:

Contact MCOL and ask if the claim form was returned to them.

Good point. And did they tell Gladstones.