PCN resulting in CCJ against my name – advice needed

Summerstorm25

DRAFT ORDER

Upon reading the Defendant’s application dated [today] and supporting witness statement,

IT IS ORDERED THAT:

1. The default judgment dated [date] be set aside under CPR 13.2 and/or 13.3, as the claim was not properly served, contrary to the principles confirmed by the Court of Appeal in Vehicle Control Services Ltd v Percy Carr [2024] EWCA Civ 713, where it was held that a claimant must take reasonable steps to verify and use the correct address if there is reason to believe the defendant has moved.

2. The claim shall be struck out pursuant to CPR 3.4(2)(a) and the authorities of Civil Enforcement Ltd v Chan 2023 [E7GM9W44] and Car Park Management Services Ltd v Akande 2024 [K0DP5J30], for failure to properly plead a valid cause of action and for abuse of process.

3. The Claimant shall pay the Defendant’s costs, including the £313 application fee, loss of earnings, travel, parking, and reasonable printing/postage expenses.

4. In the alternative, if the Court declines to strike out the claim, the Defendant shall file and serve a Defence within 14 days of service of a properly re-served claim form and particulars.

Signed: ___________________________
[Full Name]
Date: [date]

Summerstorm25

Please kindly have a read of my Draft Order.

Do I need to include point 4?

Coupon-mad

Percy Carr

Who he?!

And don't use this term "and for abuse of process."

No. The claim should be dismissed due to failure to serve it within the 4 month period.

Summerstorm25

Hi everyone, I wanted to give an update on my case and ask for some advice.

I submitted my N244 application to set aside the CCJ on 31 October. I didn’t hear anything back from CNBC until 2 December, when they emailed to say they couldn’t open my application because it was attached as a zip file. I replied immediately with all documents sent as individual attachments.

I recently called CNBC for an update and was told that my case had only been passed to my local court a couple of days ago. They advised that it would then take another 4–6 weeks for the local court to process it and issue a hearing date.

However, yesterday I received a letter from a company called Empira, titled Notice of Enforcement, stating that I must settle the debt within 14 days. The letter itself is dated 15 January, but I only actually received it yesterday.

This raises a couple of concerns:

Has anyone heard of them? Are they bailiffs?
Is it normal for there to be such a delay between the date on the letter and when it’s received?
Is there any possibility that enforcement companies can backdate letters to shorten the effective notice period?

Given that I have an N244 set aside application already submitted and now sitting with the local court, should I contact Empira to inform them of this? Or should I wait until the court issues the hearing date?

I’d really appreciate advice on what my next steps should be.

Thanks in advance.

Coupon-mad

Empira are Gladstones in-house debt crawler/bailiffs but if this is under £600 (am I right, it's £281?) they can't send HCEOs round.

Show us this 'Notice of Enforcement' as it sounds like they are possibly misleading you by using the same term as a first stage HCEO notice.

Summerstorm25

Thanks Coupon. Yes it's £281. Here's the Notice of Enforcement. Any thoughts?

Coupon-mad

Dear Empira (or is it Gladstones at the next desk?),

I fear somebody must have stolen a quantity of your headed notepaper because I have received a letter so misleading that no competent Certified Enforcement Agent or law firm would have signed it.

Of course, you and I both know that:

• a real 'Notice of Enforcement' has its usual meaning. It can only come after a Warrant of Control has already been secured;
• A real NoE represents 'Compliance Stage'. It signals a later visit and gives the recipient seven days;
• No competent CEA (bailiff) or law firm would issue a letter headed up to mimic a NoE before gaining a Warrant of Control;
• Especially not one which misleads the recipient about fees - Compliance Stage has a capped £75 fee, not £124 - and which states in bold 'enforcement action may now be taken without notice'.

I think not, but never fear. I've sent a copy of the offending letter with a complaint to the ECB, which I am sure will help you clear up this matter:

https://enforcementconductboard.org/making-a-complaint/

The letter bears all the hallmarks of a scam. You should hear from the ECB in due course because they won't want false information misleading the public on letters that appear to be from a CEA acting under court authority.

In the (surely unlikely) event that this 'enforcement stage' letter did emanate from your offices, kindly explain yourselves by return. Given 'Empira' is your alter ego, if in fact Gladstones solicitors sent this trash, I will report your firm to the SRA.

Be advised that I applied to set aside the CCJ way back in October 2025 and the matter is now transferred to my local court. I'll see you at the hearing (or maybe not) and I will furnish the judge with a copy of the offending letter.

Yours faithfully,

Coupon-mad

If you can't find an email address for Empira, send it to Gladstones, marked FTAO John Davies.

Also send a copy of the letter plus your reply (above) to the ECB now. It's free and simple to make a complaint. Do it!