CCJ set aside

farlane226

Hi folks, I have this witness statement sent to court with a court hearing on 22nd April 2026. Everything has been already sent to the court in August 2025. Is there anything else I need to do or be aware of for the court hearing itself? Anything to add in my WS (however it already been sent to the court, can an amendment be sent if needed) Please review and advise. Thank you so much.

Witness Statement of [REDACTED]

Claim No: [REDACTED] | Court: County Court Business Centre (Northampton) | Applicant (Defendant): [REDACTED] | Respondent (Claimant): DCB Legal Ltd

1. Introduction

I, [REDACTED], of [REDACTED ADDRESS], make this statement in support of my application to set aside the default judgment entered against me on 24 June 2025.

2. Lack of Service

1. I did not receive the claim form or any prior correspondence regarding this claim. All documents were sent to my previous address at [REDACTED ADDRESS], where I have not lived since August 2022.
2. I moved to my current property in August 2022 and have lived there continuously since then. I updated all my official records, including my driving licence, DVLA, banks, and council tax at that time.
   • A copy of my Mortgage Statement and Bank Statement confirming my residence is attached at Exhibit C.
   • A copy of completion statement (showing my purchase of my current property in August 2022 and confirming I vacated my previous address) is attached in Exhibit D.
3. At the time of moving, I also arranged for a six-month Royal Mail redirection from my former address to my new address, to ensure I received any correspondence. A copy of the confirmation email from Royal Mail is attached at Exhibit E. This demonstrates that I took responsible steps to ensure continuity of post. However, as the claim was issued in 2025, long after the redirection had expired, I did not receive the claim form or any court papers.
4. The Claimant could have, and should have, taken reasonable steps to check my current address before issuing proceedings. A simple credit file trace would have revealed my correct residence. Their failure to do so resulted in defective service and unfair prejudice to me.

3. Discovery of the Judgment

1. I first became aware of the County Court Judgment when I received a letter from Direct Collection Bailiffs Ltd (DCBL) dated 18 August 2025. This was the very first notification I received in connection with this matter.
   • A copy of this letter is attached at Exhibit A.
2. Immediately after receiving this letter, I checked my credit file via CheckMyFile and discovered that a judgment had indeed been entered against me on 24 June 2025 in the sum of £517.
   • A copy of my credit report showing the judgment is attached at Exhibit B.

4. Prompt Action

1. Upon learning of the judgment on 18 August 2025, I acted immediately. I contacted DCBL, sought advice, and began preparing this N244 application without delay.
2. On 26 August 2025, I also wrote to the Claimant's solicitors, DCB Legal Ltd, inviting them to agree to set aside the judgment by way of a consent order. At the time of making this application, I have not received any reply. This demonstrates that I have taken reasonable steps to resolve the matter and have still acted promptly in bringing this application before the Court.

5. Right to Set Aside

1. I respectfully submit that the judgment must be set aside under CPR 13.2, as the claim form was never served at my correct address and therefore service was defective.
2. In the alternative, I ask the Court to exercise its discretion under CPR 13.3, as:
   • I have a real prospect of successfully defending the claim; and
   • There is a good reason why the judgment should be set aside, namely that I was never given the opportunity to respond because all documents were sent to an old address.

6. Defence Prospects

I believe I have reasonable prospects of defending the claim. While the full details of my defence will be filed once I have sight of the Particulars of Claim, I understand the claim may relate to a parking matter. There are numerous potential defences in such cases, including but not limited to:

• Lack of landowner authority;
• Unclear or inadequate signage;
• The charge being disproportionate and unenforceable.

7. Impact of the Judgment

The judgment, entered without my knowledge, has caused me significant stress and has unfairly damaged my credit file. This may affect my ability to obtain finance or credit facilities, despite the fact that I had no knowledge of the proceedings and no opportunity to defend myself.

8. Costs

I also respectfully request that the Court order the Claimant to reimburse me the £313 fee for this application, as it was only necessary due to the Claimant's failure to take reasonable steps to ascertain and serve proceedings at my correct address.

9. Request to Court

Accordingly, I respectfully request that the Court:

1. Sets aside the judgment dated 24 June 2025;
2. Directs the Claimant to re-serve the claim form and particulars of claim to my current address;
3. Grants me 14 days from service of the claim to file a defence; and
4. Orders the Claimant to reimburse me the court fee for this application or alternatively reserves costs.

Statement of Truth

I believe that the facts stated in this witness statement are true.

Signed: [REDACTED]

Dated: 26 August 2025

p00hsticks

I think in point 2.2 you should be clear that you updated your VC5 (assuming that you did).

farlane226

Thank you yes V5C was also updated back in Aug 2022 when I moved.

Do I need to ask for a resubmission of the witness statement to the court or just make that point clear during the hearing?

Thank you very much