ccj challenge help

[sajeel]

Admin please move post if in wrong section.

 

I am posting in response to an ccj in 2014,

 

i wish to challenge the validity of ccj,

as i received a claim without a stamp seal,

no claim number and issue date was not completed

also amount claimed was not filled out.

 

What is procedure to challenge this

 

also need to speak to mydeposits as they released deposit without any contact to myself.

 

Also as deposit was reclaimed the amount on claim form submitted for ccj would be incorrect amount.

 

I await your replies and help. Thanks in advance.

[BankFodder]

Please post the claim form and also the judgment here in pdf format

[sajeel]

Sure will do thanks

[sajeel]

amended credit file judgement summary

crjudjement.pdf

[dx100uk]

a landlord took you to court?

tell us the story

[dx100uk]

thread tidied moved to general legal forum

 

dx

[AndyOrch]

" i wish to challenge the validity of ccj, as i received a claim without a stamp seal, no claim number and issue date was not completed also amount claimed was not filled out "

 

So your not going to upload the above then we can advise why its invalid ?

[sajeel]

" i wish to challenge the validity of ccj, as i received a claim without a stamp seal, no claim number and issue date was not completed also amount claimed was not filled out "

 

So your not going to upload the above then we can advise why its invalid ?

 

I will do dont have access to scanner at the moment so will take picture of document and convert to pdf then upload

 

a landlord took you to court?

tell us the story

 

Well i never went to court for ccj all i was sent claim form and then a ccj was registered against my name.

 

which details should i remove or blank out before uploading claim form ?

Edited August 29, 2018 by dx100uk
merge

[dx100uk]

anything that can pers ID YOU or them or the case & any ref numbers/claim number

[sajeel]

claim form attached

 

This is the only document i ever received also had no contact from mydeposits, i have emailed them but have heard from my estate agent they are somewhat useless

ccjclaim.pdf

[dx100uk]

so in terms of the process

you got that may 2014

did you receive that at an address then you moved or what.

[sajeel]

No i received at address i was staying at during period of tenancy.

[dx100uk]

Oh dear

So you then moved on without informing him of your new address?

And everything went still to there?

[sajeel]

I Doubt it had access to post as upstairs tenant was my friend and hallway was communal,

also i was still there when this claim form arrived around march to april 2014 and i vacated property around may 2014.

 

Never received any further letters or notices

also the claim form i received was a photocopy sent from estate agents

i never received any official documentation from courts.

[dx100uk]

Thats not a claimform

Its what he might be doing

 

I thinking you should ring northants bulk and ask for a copy of the claimform and the ccj

[sajeel]

Email sent to [email protected] requesting information. will update when response is received.

Edited August 30, 2018 by dx100uk
quote

[dx100uk]

pers we always recommend ringing

you get a human and its directly in your inbox within a couple of hours

but you've no rush as such

[sajeel]

sorry for late update.

 

here is reply from hmc

 

Thank you for your email dated 30^th August 2018.

 

Due to the time period in which your claim was issued and served being 4 years back I am afraid that the court will not be able to provide a copy of the claim form due to the file now being destroyed. Due to the amount of claims in which we process and receive we have a timescale of how long we keep files in storage. The claimant however may be able to provide a copy of the claim form as they may still hold a copy. With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014. Payment can be made either by cheque or by debit card if a contact number and preferred time to be contacted is also stated.

 

I wish to challenge this ccj on the following resons; a: incorrect procedure no valid documentation , b: incorrect value as deposit was claimed by landlord from mydeposits, c: failure to provide claim form the goverment requires all companies to keep records for 6 years my suspicion is there was no valid claim form and they are trying to fob me off.

Any advice or help greatly appreciated.

[dx100uk]

But some how he got a default judgement

So it must have existed for that to happen

[sajeel]

But some how he got a default judgement

So it must have existed for that to happen

 

yes but my grounds of defence are that no proper paperwork was served and requesting claim form within 6 years period which is validity of court and all they tell me is we dont keep claim form, im sure if told hm revenue i dont have my tax return as it has been 4 years they would not accept it.

[dx100uk]

Well then set it aside - no claimform received

 

As for a defence for the debt.. Incorrect amount .. Deposit reclaimed by insurance? Thru mydeposits scheme?

[AndyOrch]

Clue is in their response......

 

" With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014."

 

I read that as never actually served the claim form...hence the default judgment.

 

See CPR 6

 

6.18

 

(1) Where –

 

(a) the court serves the claim form by post; and

 

(b) the claim form is returned to the court,

 

the court will send notification to the claimant that the claim form has been returned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Andy

[sajeel]

Well then set it aside - no claimform received

 

As for a defence for the debt.. Incorrect amount .. Deposit reclaimed by insurance? Thru mydeposits scheme?

 

Am planning to set aside, yes deposit was taken without my consent from mydeposits i never recieved any paperwork from courts or my deposits to grant landlord access to money.

[sajeel]

Clue is in their response......

 

" With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014."

 

I read that as never actually served the claim form...hence the default judgment.

 

See CPR 6

 

 

6.18

 

(1) Where –

 

(a) the court serves the claim form by post; and

 

(b) the claim form is returned to the court,

 

the court will send notification to the claimant that the claim form has been returned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Andy

 

Thanks andy for that, i missed that point is that valid reason to set aside, how do i start procedure and should i get copy for £10 or just use info from credit report ?

[AndyOrch]

Yes I would most certainly get a copy of the judgment and claim form...as for setting a side...you will have to prove the point which I assume happened but their response is a bit of a give away......they either made good service or not....why state attempted ?

 

If attempted.....attempted and succeeded or failed ? Its a word I usually connect to things that someone tries to do but does not succeed in doing

 

Andy