ECP /DCB LEGAL COURT CLAIM 3

Gr1pr

If a set aside is granted ( hearing1. ) , the original claim is back in play with a different court hearing ( hearing 2. )

How much is the CCJ for. ?

Yes they could enforce an outstanding CCJ, by way of applying to the county court for a Warrant of Control

Comments made earlier indicated that below £600 no HCEO's would be involved, which is correct

gavino76

So considering the reply from hmcts do you think its worth trying for a set aside?

I have no grounds.

Coupon-mad

Haven't they shot themselves in the foot here?

"When the Directions Questionnaires (DQs) were issued to both parties, they were sent to the address that had been updated on the MCOL system. I can see your address on the system was changed twice to xxx first from xxx, and again from xxx. Our internal records must still reflect the claimant's original address unless the claimant submits a formal notice of change."

gavino76

As in because no formal notice of change had been made their internal records must reflect the original address: the one the claim was made to?

Coupon-mad

That's how I read it. Don't you?

gavino76

I did, yes. OK ill go for the set aside.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81959558#Comment_81959558

Personally, I'd be escalating the complaint first with the HMCTS complaints team.

Their reply says one thing but then says they did another, doesn't it? Was the address the claim went to correct? If yes, you made no formal application to change it and their response suggests they broke their own policy.

A set aside application costs you £313.

gavino76

I'll escalate this. I hope to apply for costs re set aside as I'm on min wage.

Coupon-mad

Maybe put in an application for help with fees now, if it's possible to do that in anticipation of filing a N244 shortly.

gavino76

Wait..

When the Directions Questionnaires (DQs) were issued to both parties, they were sent to the address that had been updated on the MCOL system. I can see your address on the system was changed twice to xxx, first from 14 August to 8 September, and again from 8 September to 23 February. Our internal records must still reflect the claimant's original address unless the claimant submits a formal notice of change. I can't see any such application having been made.

I'm the defendant, right? Getting confused