Urgent: Got CCJ on my credit records

Coupon-mad wrote: »

This is covered already in '

And on shedloads of other threads as recently as yesterday, just look through or search the forum for 'set aside'.

Thanks Coupon-mad.

Could you please have a look in the below draft for set aside. Also that car was a company hire car is that worth to mention that in the WS.

Regards

I am xxxx and I am the Defendant in this matter.

This is my supporting Statement in support of my application dated XXXXXXX to:
• Set aside the Default Judgement dated XXXXX as it was not properly served at my old or current address.
• Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.
• Order for the original claim to be dismissed or to be heard at a re-hearing

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in xxxx. However, this claim form has not been served to me at my old or current address and I thus was not aware of the Default Judgement until 09/07/2017 when I was doing a routine check on my credit file after credit agency updating their system on 19/06/2017.
1.2 I understand that this claim was served at an old address (xxxxx). However, I moved to a new address in xxxx. In support of this I can provide confirmation from xxx County Council & utility bills showing my updated details for the purposes of paying those bills.
1.3 I believe that the claimant abused the court process & mislead the court in purpose to get benefit of Default Judgement as:
a- The claimant gave the court wrong spilling address by removing letter (T) from word (FLAT) to be (FLA) & that is why I never knew about that case and never appeared on my credit report. That information got from Northampton County Court help desk by phone & from credit score agency (Experian)
b- The claimant been informed about changing correspondences address on 25/06/2015 (email attached) though his debt recovery agency but he chose to use the old address in his claim dated 08/09/2015 (3 month after).
c- The claimant always hides his email address or fax so can’t get proof of receiving / confirmation of the letter content as post proof doesn’t proof the content. That is why I sent it by email to the claimant debt recover agency the only one provide email address.

1.4 On the 10/07/2017 I contacted Northampton County Court help desk to find out details of that case. Attached email which doesn’t have enough details of the case & they said they can’t provide more.

1.4. On 10/01/2017 I attempted to contact the Claimant using information given to me by Northampton County Court. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant’s legal department answer-phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.


1.5. According to publicly available information my circumstances are far from being unique. The industry’s 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.”.

1.6. On the basis provided above I would suggest that the Claimant did not fulfill their duty to use the Defendant’s correct old or current address when bringing the claim.

1.7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

Coupon-mad wrote: »

= spelling

Yes and if true, state that more than one driver was authorised to drive that hire car, and no evidence has been shown as to who the driver was on these occasions, ......

Do I need to put that in set aside defend?. I was planing to put that sentence in WS for the case it self.

Also in my appeal to PCM in 2015 for that PCNs I state I'm the keeper that is why they followed me not the hired company.

Regards