Judgement for claimant letter received

CrimsonChin

Hi,

Over the weekend I noticed that there was a change to my credit file on Experian with a Chancellor judgement against me, which came as quite a shock. Today, I received the Judgement for Claimant from BW Legal for what appears to be for an alleged parking contravention.

I'm going through the newbies thread and will call CNBC to get a bit of information on the claim etc so I can send the letter template curated by troublemaker22.

My case may be a nuanced case as in early 2024 I changed residence three times in three months but owned the second place but privately renting and living in place three. I have since moved back to the second place (ironically the day before the judgement was actioned). Hence receiving the claim at my now correct address. During this whole time, I have not received any correspondence.

In the template it mentions, 'If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily, which is obviously what BW Legal did before sending their letter dated [                ].  If those actions had been performed at the correct time rather than after judgment, I would not have been deprived of the ability to defend the claim.

Should this be culled out? As they got lucky by me moving back to that property after 2 and a half years away or is it more valuable being in there as it mentions the being deprived of the ability to defend the claim, which is is the key point.

Grateful for any advice or suggestions and thanks in advance

Coupon-mad

Is it true to say you were not living there when the claim form was issued AND had not lived there for over two years?

If yes, say that. Keep it simple and based on the month when the claim was issued.

And say you didn't learn of it until too late, so you must be allowed to defend the case snd they should have traced your address before litigation, when you were living at ADDRESS and appeared on the voter's roll, had bank cards & utilities addressed in your name and you were easily findable with the mandatory soft trace in the industry Code of Practice.

The fact you've moved back in a month after the claim isn't relevant.

CrimsonChin

Thank you, @Coupon-mad.

I wasn't on the electoral roll (on either property) but did have multiple utilities addressed in my name which should have picked up.

I will get that added in.

CrimsonChin

Sent my letter to the claimant and their solicitors. Deadline I gave was 14 days. Not holding my breath on it.

A few questions as I work through my N244 form & draft order mainly around should I put date range of not living at the property.

N244 form: In point 3

The Defendant seeks the order to set aside because he was unaware of the proceedings. The Claimant served proceedings at an address not used by the Defendant between DateX and DateY. - Shall I put the date range as I moved back to that property?

Draft Order:

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

Point 3/4 are the dates set by me? If so, how far ahead do I put them ahead?

I'm also working through my witness statement.

Thanks again for your help.

Coupon-mad

Leave the dates blank and provide the Draft order as a Word Doc for the judge to use.

The Defendant seeks the order to set aside because he was unaware of the proceedings. The Claimant served proceedings at an address not used by the Defendant between DateX and DateY. - Shall I put the date range as I moved back to that property?

Yes and attach proof of where you were living, and a link to VCS v Carr.