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MIL collections CCJ

12467

Comments

  • Bambi82
    Bambi82 Posts: 32 Forumite


    This is what i intend to send to the courts, the draft order will be on a seperate sheet to witness statement.

    I havent put in the details of the breach of KADOE etc as this will be in my defence.


    DRAFT ORDER



    IN THE COUNTY COURT AT

    .

    LIMITED (Claimant)

    And

    (Defendant)


    District Judge

    UPON reading the Defendant's application dated
    and the annexed witness statement of
    dated
    .

    IT IS ORDERED that:

    1. The default judgment dated
    be set aside.

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on ---- paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

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

    5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

    6. That all enforcement be put on hold pending the outcome of the application.


    WITNESS STATEMENT ON SEPERATE SHEET


    Case Number


    Witness Statement of
    in support of application dated
    to:-

    Set aside the Default Judgement
    dated
    as it was not properly served at my current address.

    Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee



    Witness statement.

    I the Defendant understand that the Claimant obtained a Default Judgment against me as the Defendant in case number
    . However, this claim form has not been served at my current address and I as the Defendant was not aware of the Default Judgment until doing a routine check on my credit file on
    . I understand that this Claim was served at an OLD ADDRESS (
    .) However, I moved to a new address on
    . (Current address) In support of this I can provide confirmation from
    borough Council showing my updated details and the date I moved into the new address which is 3 years prior to the judgment.


    I the defendant promptly contacted Northampton County Court on
    to find out details of the Default Judgment. The court representative informed me of the judgment and that it was for a parking charge notice for a vehicle registration mark
    , of which I was the registered keeper at that time and
    LTD had purchased the parking charge notice from a parking enforcement company. There were no details of the parking enforcement company from whom
    LTD purchased the parking charge notice.

    I the Defendant have written to the DVLA to obtain the details of any requests made for the details of the registered keeper of vehicle registration mark
    . The DVLA informed me in writing that as the registered keeper of the vehicle at that time my details were requested by
    LTD on
    for the issue of a parking charge notice. The alleged parking charge notice was issued to the vehicle on the
    .

    I the registered keeper of vehicle marked
    at the alleged date of the parking charge notice have never received nor is aware of any parking charge notices issued to this vehicle.

    According to publicly available information my circumstances are far from being unique. The industrys persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister the Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers- who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.


    Considering the above I was unable to defend this claim. I thus believe that the Default Judgment against me was issued incorrectly and should be set aside.


    Statement of Truth:
    I believe that the facts stated in this Witness Statement are true.


    NAME

    SIGNED


    i have spoken to the courts this morning to clarify when i contacted them and to double check all the details of the case.


    so unless anyone thinks of anything else to add or that neeeds changing i will send in the morning.


    thanks in advance.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Ed2000
    Ed2000 Posts: 60
    First Anniversary First Post Combo Breaker
    Forumite
    6. That all enforcement be put on hold pending the outcome of the application.

    once a judgment is set aside there is nothing to enforce, however what you are asking for is a stay of execution.
  • Bambi82
    Bambi82 Posts: 32 Forumite
    Ed2000 wrote: »
    6. That all enforcement be put on hold pending the outcome of the application.

    once a judgment is set aside there is nothing to enforce, however what you are asking for is a stay of execution.


    so i should change to:-


    A stay of execution pending the outcome of the application.
  • Ed2000
    Ed2000 Posts: 60
    First Anniversary First Post Combo Breaker
    Forumite
    Witness statement.

    I understand that the Claimant obtained a default judgment against me in case number
    .
    However, the claim form was never served at my current address and I as Defendant was not aware of the default judgment until checking my credit file on
    .

    I understand that this claim was served at an OLD ADDRESS (
    .) However, I moved to a new address on
    . (Current address) In support of this I now exhibit at EX1 confirmation from
    council showing my updated details and the date I moved into the new address which is 3 years prior to the judgment date.


    I promptly contacted Northampton County Court on
    to find out details of the default judgment. The court officer informed me of the judgment and that it was for a parking charge notice for a vehicle
    , of which I was the registered keeper at that time and
    LTD had purchased the parking charge notice from a parking company.

    There were no details of the parking company from whom
    LTD purchased the parking charge notice.

    I have written to the DVLA to obtain the details of any requests made for the details of the registered keeper of vehicle registration mark
    . The DVLA replied that as the registered keeper of the vehicle at that time my details were requested by
    LTD on
    for the issue of a parking charge notice. The alleged parking charge notice was issued to the vehicle on the
    .

    I the registered keeper of vehicle marked
    at the alleged date of the parking charge notice have never received nor is aware of any parking charge notices issued to this vehicle.

    According to publicly available information my circumstances are far from being unique. The industrys persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister the Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers- who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added

    "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."


    I have a real prospect of defending this claim because................. EXPLAIN WHY



    Statement of Truth:
    I believe that the facts stated in this Witness Statement are true.

    NAME

    SIGNED
  • Ed2000
    Ed2000 Posts: 60
    First Anniversary First Post Combo Breaker
    Forumite
    edited 27 March 2018 at 11:06AM
    Bambi82 wrote: »
    so i should change to:-


    A stay of execution pending the outcome of the application.

    If you want to but it is not necessary, once judgment is set aside the claimant cannot enforce, a STAY is temporary, sometimes you ask for an emergency stay pending a full hearing, or ask for a stay so you can pay in instalments. Stay just means delay.
  • Bambi82
    Bambi82 Posts: 32 Forumite
    Case Number


    Witness Statement of
    in support of application dated
    to:-

    Set aside the Default Judgement
    dated
    as it was not properly served at my current address.

    Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee



    Witness statement.

    I the Defendant understand that the Claimant obtained a Default Judgment against me as the Defendant in case number
    . However, this claim form has not been served at my current address and I as the Defendant was not aware of the Default Judgment until doing a routine check on my credit file on
    . I understand that this Claim was served at an OLD ADDRESS (
    .) However, I moved to a new address on
    . (Current address) In support of this I can provide confirmation from Stockton borough Council showing my updated details and the date I moved into the new address which is 3 years prior to the judgment.


    I the defendant promptly contacted Northampton County Court on
    to find out details of the Default Judgment. The court representative informed me of the judgment and that it was for a parking charge notice for a vehicle registration mark
    , of which I was the registered keeper at that time and
    LTD had purchased the parking charge notice from the parking enforcement company. There were no details of the parking enforcement company from whom MIL Collections LTD purchased the parking charge notice.

    I the Defendant have written to the DVLA to obtain the details of any requests made for the details of the registered keeper of vehicle registration mark
    . The DVLA informed me in writing that as the registered keeper of the vehicle at that time my details were requested by
    LTD on
    for the issue of a parking charge notice. The alleged parking charge notice was issued to the vehicle on the
    .

    I the registered keeper of vehicle marked
    at the alleged date of the parking charge notice have never received nor is aware of any parking charge notices issued to this vehicle.

    I have a real prospect of defending this claim because:-


    1. I the Defendant believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendants current and correct contact details.
    2. The Claimant has purchased the alleged debt from a parking management Company, ----Ltd.

    Ltd obtained the Defendant's personal data from the DVLA under the Keeper at Date of Event (KADOE) agreement that strictly forbids passing on of the information to third parties.
    3. The Claimant is not an agent of, or in any way associated with
    Ltd. The consequence of this is that the Claimant is unlawfully using the Defendants details and are in breach of the Data Protection Act.
    4. It is the Defendants belief that
    Ltd have sold the Defendants personal data with no prior written permission from the DVLA and is therefore in breach of the KADOE contract clause D5.1.
    5. MIL Collections was warned in 2017 by the DVLA, in writing (an official DVLA FOI showing this, in the public domain) that its so called debt 'purchases' were in breach of DVLA rules and such data 'sale' breached the Data Protection Act.
    6. At best, the alleged transaction described by MIL was an equitable assignment, not a legal assignment. Therefore the Claimant could not have issued a valid claim unless ---- was joined to it.
    7. It is my case that the Claimant had no prior interest in the underlying transaction whether by way of privity, civil wrong or tort and as it represents a bare chose in action, the Claimant's case savours of maintenance.
    8. Judges across the country have agreed with this view. Cases struck out by the courts include 22 Sept 2016 at Ipswich County Court, Case No: C8QZ57G1 MIL -v- Mr X. In this case, DJ Spencer suggested that the witness statement supplied by this Claimant provided no evidence and could actually have been boiled down to a single sentence - "We bought some photographs". The judge also said "This is the problem with MIL, you buy all these supposed debts and rush them to court and can't even be bothered to provide remotely sufficient evidence as to why, in this instance, Mr X owes you hundreds of pounds."
    9. According to publicly available information my circumstances are far from being unique. The industrys persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister the Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added that in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendants correct current address when bringing the claim.

    Considering the above I was unable to defend this claim. I thus believe that the Default Judgment against me was issued incorrectly and should be set aside.


    Statement of Truth:
    I believe that the facts stated in this Witness Statement are true.


    NAME

    SIGNED
  • Bambi82
    Bambi82 Posts: 32 Forumite
    Sorry, i forgot to reply under statement. i will make all text same size etc before sending.
  • Ed2000
    Ed2000 Posts: 60
    First Anniversary First Post Combo Breaker
    Forumite
    looks fine to me.

    When you send off the forms keep a copy for yourself. Make sure you get a proof of posting from the Post Office, its free.

    Here is a link to the court rules:

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3


    Cases where the court may set aside or vary judgment entered under Part 12
    13.3

    (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if !!!8211;

    (a) the defendant has a real prospect of successfully defending the claim; or

    (b) it appears to the court that there is some other good reason why !!!8211;

    (i) the judgment should be set aside or varied; or

    (ii) the defendant should be allowed to defend the claim.

    (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

    (Rule 3.1(3) provides that the court may attach conditions when it makes an order)

    (Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
  • Bambi82
    Bambi82 Posts: 32 Forumite
    Thank you all so much for the advice and moral support, like i have said, this sort of thing terrifies me and with everybody's advice i have managed the first part!!!

    I will post in the morning and as and when i have any news i will keep you all posted.

    Many thanks.
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