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  • FIRST POST
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 8:38 AM
    • 17Posts
    • 2Thanks
    jasdeepsg
    Need help! Unlawful claim by PE
    • #1
    • 6th Aug 18, 8:38 AM
    Need help! Unlawful claim by PE 6th Aug 18 at 8:38 AM
    Back in April 2018, my ccj was set aside because of wrong claimant on the previous claim issued in 2016. Then PE sent me a letter saying that they will continue to be the claimant and sent an amended claim form dated 2016. Basically they just changed the name on the claim that was issued in 2016 and did not change anything else. It wasnít clear from that I have to acknowledge it. From my understanding you have to acknowledge the claim within 28 days from the date of claim. However, date on the claim is 2016.

    Now I received a letter from county court that I have to pay PE the amount they claimed because I havenít acknowledged the claim.

    Need your help to understand my options.

    Thanks.
    PS: how do I share the copy of the claim?
Page 2
    • Johnersh
    • By Johnersh 6th Aug 18, 1:34 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    Then PE sent me a letter saying that they will continue to be the claimant and sent an amended claim form dated 2016.
    Did they send you a response pack with the amended claim form containing the forms set out at this link: https://www.gov.uk/government/publications/form-n9-response-pack

    No response pack, no guidance notes, no form can be returned to the court = "some other good reason" to set aside the judgment. That is to say there are still no guarantees, but this would be a particular failing that the court can take into account.

    If you had a response pack and failed to do a response, then that is rather different and may be more of an uphill struggle.
    Last edited by Johnersh; 06-08-2018 at 1:40 PM.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Johnersh
    • By Johnersh 6th Aug 18, 1:47 PM
    • 1,183 Posts
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    Johnersh
    This is, unfortunately, a failure to read the rules - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a#1

    The point is that there is no new claim form because it is the same claim - it is just that the new party is substituted in (hence the crossings out). I'm afraid the links aren't working so I can't see exactly what form it takes.

    You then had a claim form and particulars sent to you in the usual way. Your argument may be that without a response pack you had no instructions as to how to deal with them, which the defendant ordinarily would have had. However, it's unfortunate because this could have been clarified on the forums sooner.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 4:31 PM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    Is there a legal advise I can get access to maybe a written law or something along these lines, so that Iím confident that money will be returned.

    I donít want to end up paying for the court fees and pay the judgement both if Premier Park is not going to return the money.

    Thanks
    • waamo
    • By waamo 6th Aug 18, 4:37 PM
    • 4,925 Posts
    • 6,374 Thanks
    waamo
    If, and it's a big if, you win the court will order Premier to repay the money. I can't see them ignoring a court order.
    This space for hire.
    • jasdeepsg
    • By jasdeepsg 6th Aug 18, 4:49 PM
    • 17 Posts
    • 2 Thanks
    jasdeepsg
    Johnersh- they did sent me the response pack. However as I mentioned earlier that it wasnít clear that I have to acknowledge to the form I received because according to the guidance I needed to acknowledge it within 14 days of the service which is 5 days after the issue date. Issue date on the claim was 2016.

    Given my conversation with ccbc in March I was expecting a new claim with correct dates.

    It looks like The link you mentioned regarding substitution rules for claimant is more for claims that are in progress. Where as this is a different case in my opinion.
    • IamEmanresu
    • By IamEmanresu 6th Aug 18, 5:19 PM
    • 3,784 Posts
    • 6,230 Thanks
    IamEmanresu
    it wasn!!!8217;t clear that I have to acknowledge to the form
    The court (and all the judges) will maintain it is clear. You are talking about 1.2mn small claims each year. If there was a problem it would have been ironed out.

    Can't see a way out of this unless you are willing to pay for a set aside on principle.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • Johnersh
    • By Johnersh 6th Aug 18, 6:17 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    is more for claims that are in progress.
    But that's the point. The claim WAS in progress, it's just the judgment that was set aside.

    The papers were then redirected to you, quite properly AND you were aware that they would be because of the set aside.

    You received a response pack which explains that you must acknowledge within 14 days and you didn't. I fear that judgment was correctly entered.

    The question is now whether you can get it set aside. You possibly can on the merits of the case, but I suspect you have little or no chance of recouping the application fee - unless of course your financial position would entitle you to a fee remission as of right.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
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