Assistance requested - LBC received

Thanks for the help so far.

So I called CCBC as suggested. Interestingly the first advice was to fill in the form myself to defend/dispute claim on the basis that no individual defendant named.

I challenged this, on the basis that no individual should be expected to fill it in, and if a claim against an individual would subsequently be raised by Gladstone's an individual defendant would not necessarily want this to be the only point of defence.

They agreed in the end, and the advice changed to sending all of the forms back to them blank, with a covering note to say that this cannot be responded to as there is no individual defendant named.

I plan to keep this covering letter short and sweet, and unsigned (simply perhaps, 'the residents of x address')

I am sure this is not the end of course. But do let me know if there is anything I am doing that is a mis-step at this point?

Thanks,

Hi there,

I could really use some further advice if someone is able to help me please!

As per thread, I was issued with a Claim Form by Gladstones, which failed to name an individual defendant (surname only). I called CCBC and received the advice that a claim couldn't be pursued without an individually named defendant - therefore I should return the forms blank with a covering note explaining that there was no named defendant.

I have now been issued with a Judgement for claimant in default (fine plus costs). The judgement letter contains warnings of goods removed from property if it's not paid etc. I called CCBC again today, explaining all. CCBC told me that they had noted my correspondence, forwarded my last letter to Gladstones and marked the claim as 'not served' (ie claim not served correctly). But Gladstones have still progressed, treated the claim as that I have not responded, and the system has automatically allowed them to process to the point of this judgement.

Naturally, I've queried how this has happened, and whilst the CCBC people on the phone agree that it's not been administered correctly, shouldn't be progressed without an individually named defendent, and no one in my household had the opportunity of defending the claim, they state there is nothing they can do but log again the problem and my phone call. They advised one of three courses of action I could take at this point:
(1) pay the whole fine,
(2) do nothing/return the claimant letter again to them with another covering note saying 'not known at this address' - but the caveat that CCBC couldn't guarantee a warrant would not be automatically applied for by Gladstones and the bailiffs would still be round;
(3) Try and contact Gladstone's and explain their admin fault - no guarantees they wouldn't still say 'don't care' and progress with warrant anyway.

I would really appreciate any advice. I am pessimistic about the latter 2 options, but can't bring myself to believe that Gladstones are able to use a claim they have not administered properly in order to force a payment / bailiff / CCJ, and there is not another course of action I could take to defend a claim that has not been served correctly?

Many thanks,

Thanks for the response Quentin. I’ve had a good look at the info on the Set Aside process that is on this forum, and what I can find on google.

A question I have though: the N244 form still asks for the name of the person completing the form as well as a defendant’s name. With Gladstone’s failing to name a defendant and not wishing to acknowledge that I am in any way responsible, what is the best way of completing this??

Advice gratefully received!?!

Another thought, because CCBC deemed the initial claim for Gladstones as ‘not served’ is there any mileage in trying again to push back with them that they should not have then administered the Judgement for Claimant in default? Rather than accepting the ‘it’s been processed now, nothing we can do’ response?

Because I find myself in this bizarre situation where Gladstone’s haven’t named a defendant, and yet the threat of bailiffs looms over my family’s household, I’m wondering if I’ll have to employ a solicitor in order to defend.

Any help is really appreciated