CCJ help please - Moved house but had notified them

Coupon-mad

We've seen loads of cases like this, sadly.  Which is why @troublemaker22 wrote that first recommended email.

Ryman21

Still no response at the moment, the suspense is terrible 

Ryman21

So 4pm is here and still no response is it worth another go for a consent or is that the shot taken now? 

Gr1pr

I would suggest that you give them 2 weeks or more before going down the contested route, but definitely before the end of this month 

Ryman21

Gr1pr said:

I would suggest that you give them 2 weeks or more before going down the contested route, but definitely before the end of this month 

If my email had the deadline of today, what would be the best way to try and extend that? 

Gr1pr

Wait until next week or the week after  ( there is no point acting on anything over a weekend. )

Ryman21

Gr1pr said:

Wait until next week or the week after  ( there is no point acting on anything over a weekend. )

Do you think that would be ok, or would they not bother replying if they know they’re over the deadline I set? 

Coupon-mad

Why are you wanting to extend it?

They are unlikely to consent so crack on with the N244 next week like everyone always does. Hundreds of threads you could search & find for inspiration.

Johnersh

I’d have written a much shorter letter to the PPC exhorting them to sort this out at their own cost, but there are multiple routes to a solution…

The o/p still needs to act promptly if the PPC is ghosting him. I’d have gone for 14, but having said 7, If they’ve not responded - apply. Don’t threaten unless prepared to follow through.

The wrong part of the CPR was cited above. This is not a case where C has a duty to locate. This is a failure by C to serve at the valid service address. The provisions of CPR 6.9 don’t apply (service at usual or last known address) precisely because an address was specifically nominated prior to service under CPR 6.8. 

The moment there was a nominated address for service (actually, irrespective of whether D was living there or not) the claimant was obligated to serve proceedings there. This is not an either/or scenario. There is a whole line of authority on this (usually where C has served on D personally not their solicitor) but the point is very much the same. See inter alia Naglean v Royal Free. It’s law school 101. 

The claimant PPC doesn’t get to say D should’ve known since their purpose of nomination was precisely to avoid this scenario. That C actually asked for and were supplied with proof that it was the primary residence only makes the failure more egregious.

In applying for judgment they have arguably misled the court since their files will show that service has not been effective to a correct address. Had the court known that, judgment would not have been entered.

In getting the claim set aside it is important (in my view) to note that it the claim form was *never* been properly served. In the absence of good service or any application by C to dispense with service the claim form has now expired (having not been served within the 4 month period of issue to a valid service address). If the court accepted that, it follows that if C wants a second bite of the cherry they need to start again and issue afresh.

Ryman21

Thanks guys ill just crack on over the weekend and get the N244. if im going down this route do i need a solicitor too or is it ok for me to just go at it with the help from on here?
Q5 on the form I take it id need to put with a hearing?
what should i put for Q7
and how would i know what sort of judge i need?
thanks again