Backdoor Hoist CCJ - old BPF car Finance - set aside

[AndyOrch]

Yes if the claim was sent to a totally unconnected address and even suggest that they set a side at their cost.

[AndyOrch]

Quote

I am unclear as to how I should proceed regarding the next steps the court take.

 

 

I have just told you in last post.that you have simply disregarded or not read.

[AndyOrch]

Ring Hoist and ask for the claim hander of your claim....tell them you intend to set a side and will request costs or give them the opportunity to set it aside themselves by consent.

 

Once you make that call today...all the above will cease.

 

The AO is dead its been returned to the court....again for using the wrong address...so you dont go filling in an N56 and returning it...let them sort it.

If and when you receive notification of application for Warrant...you will be given 7 days notice and time to respond...hopefully the set a side will be being processed by that stage.

[AndyOrch]

And they admitted serving on an unknown address?

[AndyOrch]

Possibly not...as like most DCAs......I will prepare an N244 and draft Order for you later......Im a bit snowed under at the moment.

[AndyOrch]

 

 

 

Complete as follows

 

3.To set a side default judgment number xxxxxxx dated xxxxxx issued by xxxxxxx County Court.Pursuant to CPR 13.3 a & b.The claim form was not deemed good service and sent to an unknown and unconnected address CPR 6.18 (2) .The claim form was never received nor returned to CCBC

 

4. Yes

 

5. At a hearing

 

6. 30 mins

 

7. (only complete is your not going to be available on a certain date IE Holiday)

 

8. District Judge

 

9. The Claimant  9a The Claimants address

 

10. (optional)

 

Attach the following draft order to the application.

 

#### START OF ORDER #### 

In the ......... county court
Claim No. ...

Before

District Judge ………


Dated ……… 2020


Claimant A

and

Defendant B



Draft/ORDER

IT IS ORDERED THAT:

1. The Judgment be set a side pursuant to  CPR 13.3 (a & b))  and CPR 6.18 (2)
2. The Defendant requests costs in making this application.The Judgment Claimant has refused to set a side knowingly that the claim was sent to an incorrect address.

 
#### END OF ORDER #### 

 

[AndyOrch]

As it was a default judgment then it would be CCBC.....why would it have been transferred to CCMC ? It would only be transferred for execution purposes...AOE /Warrant...which neither have been successful or yet to materialise  ?

[AndyOrch]

But if the file is with CCMC give them a ring and check it is correct to send them the application.

[AndyOrch]

Updated their records to the corrected number or your new current address ?

[AndyOrch]

Given that the the court claim was served to an unconnected address...you really shouldn't need to support the application with an intended defence.....it should be set a side and you should be allowed to defend the claim in the normal manner from scratch.

 

Inform the court that the claimant knowingly admits to bad service with an incorrect unconnected address and was not prepared to set a side by consent.

 

Best of luck

 

Andy

[AndyOrch]

So how did it go...no update ?

[AndyOrch]

Quote

 the incorrect address was my error

 

 

Really .....?    could you expand ?

[AndyOrch]

I would have thought that they would have given it due diligence and checked your correct address.....the court process is that service is only good if sent to the correct current address or last known address.....they served it on neither in this instance and therefore the Judge is incorrect....unless he also decided that your argument was weak or incorrect also so no point in allowing the Set a side. 

 

Moving onto payment arrangements..you must do this by the official avenue using the N245...do not agree directly and informally with the claimant...you will be hounded and harassed every six months for review.