Multiple CCJs from PCNs I was unaware about. URGENT, PLEASE HELP!

TubDecaf4

Coupon-mad said:

Defending it isn't relevant because it wasn't served within 4 months so the claim is expired (same as in VCS v Carr).

Like in Carr, this is a mandatory set aside under CPR 13.2. Say so. The court doesn't have discretion to resurrect an expired claim or to consider whether a defence has prospects of success. That isn't relevant under CPR 13.2.

I will chuck you one more bullet:

Mazur v Speechlys.

Search the forum.  Do that now. Be ready.

Print off a copy if you can. Certainly have the full case citation to ask the judge to read it and apply that case to strike out this claim,

Use it against DCB Legal because both claims will have been unlawfully signed by Sarah Ensall ... who isn't qualified!

Sorry I hope this doesn’t sound stupid, but I have printed off the citation:

https://www.infolegal.co.uk/mazur-v-charles-russell-speechlys-litigation-supervision/

how exactly can I ask the judge to read it and apply that to this case over the video call?

and how can I know the claim was signed off by Sarah Ensall? I can’t find her name on my particulars of claim.

ChirpyChicken

he will be well of the case

Umkomaas

and how can I know the claim was signed off by Sarah Ensall? I can’t find her name on my particulars of claim.

Who signed it?

1505grandad

As above  -  possibly on reverse of the claim form at the top?

Coupon-mad

TubDecaf4 said:

Coupon-mad said:

Defending it isn't relevant because it wasn't served within 4 months so the claim is expired (same as in VCS v Carr).

Like in Carr, this is a mandatory set aside under CPR 13.2. Say so. The court doesn't have discretion to resurrect an expired claim or to consider whether a defence has prospects of success. That isn't relevant under CPR 13.2.

I will chuck you one more bullet:

Mazur v Speechlys.

Search the forum.  Do that now. Be ready.

Print off a copy if you can. Certainly have the full case citation to ask the judge to read it and apply that case to strike out this claim,

Use it against DCB Legal because both claims will have been unlawfully signed by Sarah Ensall ... who isn't qualified!

Sorry I hope this doesn’t sound stupid, but I have printed off the citation:

https://www.infolegal.co.uk/mazur-v-charles-russell-speechlys-litigation-supervision/

how exactly can I ask the judge to read it and apply that to this case over the video call?

and how can I know the claim was signed off by Sarah Ensall? I can’t find her name on my particulars of claim.

You don't have a copy of the POC & form if the claim form never arrived. You didn't need to check. I am telling you as fact: Sarah Ensall signed it. She always did, in DCB Legal claims prior to Mazur.

The judge will have a copy of the claim form and should know about Mazur.

TubDecaf4

Coupon-mad said:

TubDecaf4 said:

Coupon-mad said:

Defending it isn't relevant because it wasn't served within 4 months so the claim is expired (same as in VCS v Carr).

Like in Carr, this is a mandatory set aside under CPR 13.2. Say so. The court doesn't have discretion to resurrect an expired claim or to consider whether a defence has prospects of success. That isn't relevant under CPR 13.2.

I will chuck you one more bullet:

Mazur v Speechlys.

Search the forum.  Do that now. Be ready.

Print off a copy if you can. Certainly have the full case citation to ask the judge to read it and apply that case to strike out this claim,

Use it against DCB Legal because both claims will have been unlawfully signed by Sarah Ensall ... who isn't qualified!

Sorry I hope this doesn’t sound stupid, but I have printed off the citation:

https://www.infolegal.co.uk/mazur-v-charles-russell-speechlys-litigation-supervision/

how exactly can I ask the judge to read it and apply that to this case over the video call?

and how can I know the claim was signed off by Sarah Ensall? I can’t find her name on my particulars of claim.

You don't have a copy of the POC & form if the claim form never arrived. You didn't need to check. I am telling you as fact: Sarah Ensall signed it. She always did, in DCB Legal claims prior to Mazur.

The judge will have a copy of the claim form and should know about Mazur.

Good news: the judge has agreed to set aside the ccj on the basis of my evidence showing that I didn’t live at the address the claim forms were sent to.

Bad news: the judge refused to strike out the claim even after I mentioned the fact about the 4 months out of service with the official ruling but she claimed that the court is in power to change the time of this apparently? 

So it’s been ordered for the claimant to send a new claim to my current address within 2 weeks. Not sure how to feel about this as I expected a set aside AND a claim strike out.

So now, what happens? Do I prepare a new defense? Will DCB continue to pursue this money? Really not sure what to do.

Coupon-mad

"the judge refused to strike out the claim even after I mentioned the fact about the 4 months out of service with the official ruling but she claimed that the court is in power to change the time of this apparently?"

No, she's wrong and if that's what she said, she has gone against Court of Appeal binding authority. An expired claim cannot be resurrected. The court has no such power and she accepted that it wasn't properly served to you. So it is a dead claim.

But what she seems to have ordered is (effectively) a fresh claim for you to defend.

Or did she in fact say they must serve you with a copy of the original Claim Form now?

Easy stage: Just wait and see if they do that. IMHO they probably won't continue now but if they do, you simply use the Template Defence like you would have done along and they will end up discontinuing later anyway.

What about Mazur? What did she say? Is this why she's letting them put the claim right?

What about your application costs? Surely you asked for your £313 fee and cost of travel and attendance today AND to attend the previous hearing. If you didn't ask, and if you are still out of pocket for costs, that ship has sailed.

...or was this only a £15 fee to stay the writ? Such a good back door way to set aside a CCJ!

ChirpyChicken

Coupon-mad said:

"the judge refused to strike out the claim even after I mentioned the fact about the 4 months out of service with the official ruling but she claimed that the court is in power to change the time of this apparently?"

No, she's wrong and if that's what she said, she has gone against Court of Appeal binding authority. An expired claim cannot be resurrected. The court has no such power and she accepted that it wasn't properly served to you. So it is a dead claim.

But what she seems to have ordered is (effectively) a fresh claim for you to defend.

Or did she in fact say they must serve you with a copy of the original Claim Form now?

Easy stage: Just wait and see if they do that. IMHO they probably won't continue now but if they do, you simply use the Template Defence like you would have done along and they will end up discontinuing later anyway.

What about Mazur? What did she say? Is this why she's letting them put the claim right?

What about your application costs? Surely you asked for your £313 fee and cost of travel and attendance today AND to attend the previous hearing. If you didn't ask, and if you are still out of pocket for costs, that ship has sailed.

...or was this only a £15 fee to stay the writ? Such a good back door way to set aside a CCJ!

@kryten3000 I hope you use the back door way as above on your various FB groups?.
@Coupon-mad can you believe many legal professionals are not even aware of this and try and tell you that you are wrong in the cost!

Coupon-mad

I know. It is mad. A CCJ with a writ is lovely: LOADS cheaper and easier to set aside than smaller ones and nobody seems to know it!

ChirpyChicken

Coupon-mad said:

I know. It is mad. A CCJ with a writ is lovely: LOADS cheaper and easier to set aside than smaller ones and nobody seems to know it!

And even had cases where the court has ordered the claimant to pay the full set aside fee😅😅😅😅 when done that way