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Need help! Unlawful claim by PE

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  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    Such a fundamental change to the document, yet the CCBC have accepted the original claimant's (ZZPS) name to be scratched out and substituted with a handwritten substitute. Were any checks done on this, given the significant change?

    @OP - why not complain to your MP, who might be able to add some weight to this.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jasdeepsg
    jasdeepsg Posts: 17 Forumite
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    Ordered from 11th April.

    https://ibb.co/hwDm8z

    If Judgement is paid and subsequently set aside will I get the money back?

    Thanks.
  • jasdeepsg
    jasdeepsg Posts: 17 Forumite
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    Let me be very clear again-

    2016 default judgement with zzps limited as claimant
    April 2018 judgement was set aside as claimant name was wrong.
    May 2018 updated claim with new claimant details but 2016 issue date.
    July 18- default judgement again
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    May 2018 updated claim with new claimant details but 2016 issue date.
    So what did you do between May 2018 and
    July 18- default judgement again
    Did you acknowledge the claim, then defend it?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jasdeepsg
    jasdeepsg Posts: 17 Forumite
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    Before April I have been speaking to ccbc helpline and they said to me that a new claim will need to served by premier park. Given that, It wasn’t clear that I have to acknowledge to this claim as they used old claim number and old dates.

    I was under impression that they will serve a new claim with new number and new dates.

    How can they use the same claim number and old dates where as the judgement for old claim has been set aside? How did ccbc allowed it to happen.
  • jasdeepsg
    jasdeepsg Posts: 17 Forumite
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    Sorry just realise that I did not reply to your question.

    I did not do anything after may as I was expecting a new claim form with correct dates.
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    Thanks for confirmation on that. I fully understand why you might have anticipated fresh papers, not old rehashes with scratchings out and handwritten wholesale changes.

    As MCOL is what it says 'On Line' you would hardly expect to have a partially handwritten document served on you. But I'm at the end of my knowledge spectrum on this now, hopefully one of the legally experienced people (Johnersh, Loc123 or IaE) will pick up the thread and offer some further advice.

    Hope it works out for you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    If you successfully Set Aside the judgement AND won any case (or they discontinued it) you would of course get your money back.

    to be honest I would look to get this set aside. this was not a properly served claim, and as such no judgement is possible. CCBC being their sterling selves again.
  • waamo
    waamo Posts: 10,298 Forumite
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    FWIW I would say it's confusing. Just opinion though.

    It also makes a difference that it isn't actually PE. We know PE don't currently enforce. Premier are a bit of an unknown quantity. They tend to not be as organised as PE though which makes a set aside marginally easier.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 6 August 2018 at 1:40PM
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    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.
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