**URGENT- CCJ** Need advice if I have posibilities to set aside by N244 and after win the case

Lia_F

1505grandad said:

Lia_F said:

1505grandad said:

Typo -  "20. The vehicle was sold on XX/06/21 (SEE EXHIBIT XX-00)

@1505grandad What is the typo mistake, please?

20. The vehicle was sold on the XX of June, 2021

"Opening post you stated:-

" I sold the car in 2020 and moved abroad, returning in 2021 to other address."

You also state in your WS para 16:-

"However, I sold the car on XX/06/2020 before leaving the country due to the COVID-19 pandemic. (SEE EXHIBIT XX-00) EMAIL"

Both state "2020" so presumed that the one I highlighted was a typo.

Thank you so much! just corrected to 

20. The vehicle was sold on XX/06/20 (SEE EXHIBIT XX-00)

Coupon-mad

Lia_F said:

Coupon-mad said:

Johnersh said:

Slightly at a loss with this.

You can't say that no efforts were made to locate you, when the PPC did make those efforts. The o/p then failed to respond despite being on notice that they would commence proceedings to the address they had (which the o/p self-evidently wasn't going to receive).

The judgment has probably been properly obtained (which is not to say that signage or the sums claimed are appropriate.

I see what you mean but ... I dunno...

On the other side of the coin, isn't it unreasonable and somewhat disingenuous for a trader to trace what they know from the CRA soft trace address data IS the current (newest) address but say: "unless you reply to this particular threatogram we'll revert to the old out of date DVLA address"?

"Real Prospect of Defense"

No S in defence, Lia.

Coupon-mad & Johnersh

The first Letter Before Claim (LBC) was sent to my 2019 address in December 2022. The second LBC was sent to my current address in January 2023, stating: “Please note that if you fail to confirm that the trace address is now your current residential address, we will have no alternative, should proceedings be issued, than to arrange for them to be served at the original address supplied to us by our client.” However, they did not trace my address from 2020 to 2022 and did not trace any other address until January 2023.

I have the December 2022 letter and the 2023 one because Gladstones sent it to me by email last month. However, I lost the January 2023 letter, but I can say I never received it.

Below the history of my address:

June 2020, I moved to ABROAD due to the COVID-19 pandemic – I provide flight checking confirmation, boarding pass and email giving notice to the landlord.  SEE EXHIBIT XX-00

September 2021, moved in to address: ADDRESS – I provide electoral roll updated for this address in September 2021 SEE EXHIBIT XX-00

August 2022, moved to current address: ADDRESS- I provide my tenancy agreement. SEE EXHIBIT XX-00

I just found the below, please check 

CCBC cases

https://www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm665410

I see that link leads to;

DMBM665410 - Enforcement action: county court proceedings: preparation and service of the claim: claim forms returned undelivered

How can you be sure that the claim form was returned undelivered?

Lia_F

Coupon-mad said:

Lia_F said:

Coupon-mad said:

Johnersh said:

Slightly at a loss with this.

You can't say that no efforts were made to locate you, when the PPC did make those efforts. The o/p then failed to respond despite being on notice that they would commence proceedings to the address they had (which the o/p self-evidently wasn't going to receive).

The judgment has probably been properly obtained (which is not to say that signage or the sums claimed are appropriate.

I see what you mean but ... I dunno...

On the other side of the coin, isn't it unreasonable and somewhat disingenuous for a trader to trace what they know from the CRA soft trace address data IS the current (newest) address but say: "unless you reply to this particular threatogram we'll revert to the old out of date DVLA address"?

"Real Prospect of Defense"

No S in defence, Lia.

Coupon-mad & Johnersh

The first Letter Before Claim (LBC) was sent to my 2019 address in December 2022. The second LBC was sent to my current address in January 2023, stating: “Please note that if you fail to confirm that the trace address is now your current residential address, we will have no alternative, should proceedings be issued, than to arrange for them to be served at the original address supplied to us by our client.” However, they did not trace my address from 2020 to 2022 and did not trace any other address until January 2023.

I have the December 2022 letter and the 2023 one because Gladstones sent it to me by email last month. However, I lost the January 2023 letter, but I can say I never received it.

Below the history of my address:

June 2020, I moved to ABROAD due to the COVID-19 pandemic – I provide flight checking confirmation, boarding pass and email giving notice to the landlord.  SEE EXHIBIT XX-00

September 2021, moved in to address: ADDRESS – I provide electoral roll updated for this address in September 2021 SEE EXHIBIT XX-00

August 2022, moved to current address: ADDRESS- I provide my tenancy agreement. SEE EXHIBIT XX-00

I just found the below, please check 

CCBC cases

https://www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm665410

I see that link leads to;

DMBM665410 - Enforcement action: county court proceedings: preparation and service of the claim: claim forms returned undelivered

How can you be sure that the claim form was returned undelivered?

Coupon-mad I am calling tomorrow to the  Civil National Business Centre (CNBC). I think I have to mix my current WS with this case. https://forums.moneysavingexpert.com/discussion/6448849/court-claim-forbidding-parking-pcn-5-years-ago/p6

Coupon-mad

Why are you phoning?

To get a copy of the Particulars of Claim sent to you by email, or to pay the application fee?

And to ask them if the claim form was returned to them and did they send a letter to Gladstones to tell them that?

Lia_F

Coupon-mad said:

Why are you phoning?

To get a copy of the Particulars of Claim sent to you by email, or to pay the application fee?

And to ask them if the claim form was returned to them and did they send a letter to Gladstones to tell them that?

@Coupon-mad Many thanks!

Lia_F

Lia_F said:

Coupon-mad said:

Why are you phoning?

To get a copy of the Particulars of Claim sent to you by email, or to pay the application fee?

And to ask them if the claim form was returned to them and did they send a letter to Gladstones to tell them that?

@Coupon-mad Many thanks!

@Coupon-madI called, but they don’t have any records indicating that the court form was returned. The person who answered the phone informed me that they use first-class service but do not have access to tracking information. I also wrote to case progression, but it takes a long time to get a response.

Lia_F

Hello All,

Coupon-mad 1505grandad Johnersh   Gr1pr  @Le_Kirk

Could you please review my WS to ensure it makes sense?

https://drive.google.com/file/d/1RvLvCxpUj30Ku7gQXLO7IfTk0ZuEDO-S/view?usp=drive_link

Many thanks,

@Lia_F

Coupon-mad

Lia_F said:

Lia_F said:

Coupon-mad said:

Why are you phoning?

To get a copy of the Particulars of Claim sent to you by email, or to pay the application fee?

And to ask them if the claim form was returned to them and did they send a letter to Gladstones to tell them that?

@Coupon-mad Many thanks!

@Coupon-madI called, but they don’t have any records indicating that the court form was returned. The person who answered the phone informed me that they use first-class service but do not have access to tracking information. I also wrote to case progression, but it takes a long time to get a response.

And you asked for a copy of the POC and paid the application fee, like I told you to?

Lia_F

Coupon-mad said:

Lia_F said:

Lia_F said:

Coupon-mad said:

Why are you phoning?

To get a copy of the Particulars of Claim sent to you by email, or to pay the application fee?

And to ask them if the claim form was returned to them and did they send a letter to Gladstones to tell them that?

@Coupon-mad Many thanks!

@Coupon-madI called, but they don’t have any records indicating that the court form was returned. The person who answered the phone informed me that they use first-class service but do not have access to tracking information. I also wrote to case progression, but it takes a long time to get a response.

And you asked for a copy of the POC and paid the application fee, like I told you to?

I have the particulars of the claim. They say the report whith fee cost doesn’t provide anything different from what they previously sent me, just the calls I made, that I updated my address. They mentioned they have no access to the print house and don’t have a tracking number of the court form. They cannot send an email confirming the lack of a tracking number. I just called again They said they used second class serveice to send the court form but before they told me they use first class service @Coupon-mad

Lia_F

@Coupon-mad the court have to use first class post and they used second class post. Confirmed also with Civil Money Claims service. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3 . When they use second class post they dont have tracking number.
Moreover, my last name is spelled incorrectly on the court form I received from Gladstones.