I recently received a letter containing a Judgment for Claimant (in default). The envolope which it arrived in had the correct door number, town and post code but a completly different road. I am not sure how the letter found its way to my home with the incorrect address, as the sorting office asured me it would have been returned to sender, however, I beleive it may just be that the postman was familiar with the names at my address and posted anyway.

Even so, I am also puzzled as to why I did not receive any documents in the run up to the hearing, which seems to have lead to the CCJ. I have applied to the court to have the judgment set aside on the grounds that I did not receive the origial claim and asked for the court to send copies of all the documents relating to the case.

I also called the court to ask further questions and although they were unwilling to give me any further details of the case over the phone, the admin assistant did not bring in to question the name of my road when asked to confirm my address - leading me to believe the road they have on file is my correct road.

At first I thought my ex wife had delibrately used a different address to prevent me from responding in time and so knowling causing me to be issued with a CCJ. She would know this would affect my chances of getting a mortgage and it just so happens that the application was made around the same time my wife saw me painting my house preparing it for sale.

If the court do hold my correct address on file then it is unbeleivale that the first couple of letters did not make their way to my address. If the address held at the court contains the incorrect road name then this seems odd that the assistant did not mention this on the phone. Apart from the mystery of the address, the amount my wife is claiming for is £30k plus £600 costs!!!!

A huge amount... for which I have no idea. My ex wife does have a contection at the local sorting office (cousin) so I have bore this in mind too. My questions are: If my wife has knowingly made a false claim for money that was never owed, is this a crime?

If I can prove she delibraely wrote the incorrect address, would this be proof enough to proove she knew I would never recieve the original claim form. If so is this a crime? If so what can I do about it?Can she put in costs i.e.£600 if she never used legal help?(she also has a legal secretary friend) Is what she may have done an abuse of the court system?

If yes could I claim against her for the time and stress caused dealing with it. P.S. as soon as I receive a copy of what the claim is for, I will update this thread.

Whats she claiming the money for?

We won't be able to advise you until you know what the claim is for.

The £600 will be the Court fee she had to pay to issue the claim probably.

I won't know what she is claiming for until I recieve a copy of the original claim but the financial side of our divorce was settled years ago now and there is nothing that I can think of that could possibly amount to £30 let alone £30k. I should find out soon as I have requested a copy but in the mean time I was wondering if it was a crime to make a completely fabricated claim up in order to affect someones credit

Yes, if your wife knowingly gave an incorrect address, then you should be able to get this set aside. Once you have received the paperwork from the court, and you can let us have more details, then we might be able to advise further.

On the postal matter, the post office I'm told sort will sort a round by house number and post code.

e.g., my road has on post code for all the properties, there for my correct house number coupled with the post code is a unique identity, as in No. 9 LS11 9BH.

We won't be able to advise you until you know what the claim is for.

 

The £600 will be the Court fee she had to pay to issue the claim probably.

I have now received a copy of the original money claim. The address of the defendant (me) at the top of the page to the left was correct apart from the last letter of the post code.

The address in the box at the bottom where it says address to send correspondence, was typed and had the correct address but an entirely different name for the road. By the way my ex-wife lived at this address for 8 years! The court have since told me the original claim was returned to them with 'no such address' on the envolope.

Also, I never received any letter giving notice of this claim either and am sure I have a really good chance of defending the actual claim itself. Like as was my first thought - she delibratly did not send the first letter, letting me know she was going to make a claim and what it was for.

And delibratly wrote the wrong adddress - knowing I would not get any letters, just a knock on the door from the collections men (who we all know don't want to listen just want payment). I have applied to have it set aside and am sure this will happen but my questions are these:Is this either a crime or a missuse of the court system?

Can I have the case dismissed? as she did not follow proceedures i.e. pre court protacalIf the case is dismissed is she allowed to re-open it following the correct process?She will of course deny not sending the pre-court letter, as she has done so many times before during our long drawn out divorce now 4 years ago which included harrasment by her and all sorts of issues.

Finallay do you know if there are insurance policies out there to protect myself from someone who may make faulse claims/accusations which could and did in the past end up in long court cases-all of which I won in the end but were time consumming and costly...

Can you type out the Particulars of Claim (less identifiable details) please?

At the moment we have no idea what her claim is so cannot tell you if it's false etc.

As for not sending a Letter Before Action, that in itself is not a reason to strike the claim out.

I'm not aware of any insurance off the top of my head, maybe legal cover on your home insurance. You'd need to Google it.

As for groundless claims and harassment, you would need ot seek professional advice and maybe consider investigating whether an injunction can help

As for groundless claims and harassment, you would need ot seek professional advice and maybe consider investigating whether an injunction can help

I'm not sure about the possibility of an injunction on its own preventing her from taking cases against you, but also look at if the courts will declare her a vexatious litigant?

https://www.justice.gov.uk/courts/vexatious-litigants

Can you type out the Particulars of Claim (less identifiable details) please?

 

At the moment we have no idea what her claim is so cannot tell you if it's false etc.

 

As for not sending a Letter Before Action, that in itself is not a reason to strike the claim out.

 

I'm not aware of any insurance off the top of my head, maybe legal cover on your home insurance. You'd need to Google it.

Do you think not sending a Letter Before Action, sending the claim to the incorrect address, entering the incorrect postcode in the defendent address box on the application would be reason enough to get it struck out?

You will also need to show that you have at least a chance of defending.

Nope, it would be set aside and you given a chance to respond to the claim

depending on how fruitless it is there may be chances to apply for cost orders etc but the legal people cannot help you more unless you can provide more information

Do you think not sending a Letter Before Action, sending the claim to the incorrect address, entering the incorrect postcode in the defendent address box on the application would be reason enough to get it struck out?

No.

Not reasons for a strike out.

No it isnt a crime..but it could possibly be classed as vextaious although in reality there is not a lot you can do about this unless an applicant makes lots of claims against you.

It appears that you would have a good reason to have the case set aside due to the postal cock ups but you would also have to show that you do indeed have a valid defence, as we havnt seen the claim we have no idea whether it has any merit at all, if it is indeed baseless then your ex is taking a risk as it would be on the Fast Track and costs ARE claimable.

If you believe it has no merit you could use the Summary Judgement/Strike Out process to habve it struck out at an early stage.

Helpful???

I was temp 'bookmarking' a post as I moved from phone to PC, I've edited it now as I intended.