Backdoor Asset/TM CCJ -old Lending Stream PDL - subject to IRL Complaint

[AndyOrch]

" The date on the claim form is 10/10/2018, the date that is marked on the franking stamp on the envelope is 07/11/2018. I called the court and they advised I have received a judgement by default on 06/11/2018. "

 

So the claimant sat on the claim in the meantime whilst your 33 days was ticking away and then sent it to your new address......MCOL would not scratch out address and write in hand the correct address.

 

You may have recourse that this is a procedural error exasperated by the claimant in delaying service.

 

CPR 6.18

 

Notification of outcome of postal service by the court

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.

 

(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.

 

And CPR 6.24

 

Change of address for service

6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.

 

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

 

So the claimant didnt advise MCOL...as stated sat on it and your time ran down..thje reason for the above CPR is so MCOL can reset the date.

 

Which then moves us to CPR 7

 

In the event that a claim form is returned to the claimant......

 

Extension of time for serving a claim form

7.6

 

(1) The claimant may apply for an order extending the period for compliance with rule 7.5.

 

(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made –

 

(a) within the period specified by rule 7.5; or

 

(b) where an order has been made under this rule, within the period for service specified by that order.

 

(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if –

 

(a) the court has failed to serve the claim form; or

 

(b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and

 

© in either case, the claimant has acted promptly in making the application.

 

(4) An application for an order extending the time for compliance with rule 7.5 –

 

(a) must be supported by evidence; and

 

(b) may be made without notice.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.5

 

But the above would have cost a further application fee of £100.

 

Hope you get it sorted...but you are legally entitled to 33 days from receipt of a claim form if intending to defend.....whichever way you look at it.

 

Andy

[AndyOrch]

Furthermore I think you may be able to approach the claimant and ask they set it aside by Consent Order......given the nature and details of how they attained the Judgment...wont cost you anything then.

 

But you must have a viable defence ready...as they can simply reissue the claim again...and your back to square one.

[AndyOrch]

No harm throwing it in but concentrate on service here......thats the key...use it as leverage with the claimant...you never know they may be prepared to set a side if a reasonable offer of a payment plan is agreed....and not reissue.

[AndyOrch]

Responding to your PM

 

 

Your time line to deal with the claim would be from the date re issued or reserved..so from the 7th Nov you would have had 19 days to acknowledge service and a further 14 days to submit a defence (33 days) and your defence due date would have been Friday 7th Dec 2018

 

" I propose that you draft and submit a Consent Order to set aside this judgement.....at your cost "

 

Regards

 

Andy

[AndyOrch]

You cant set a side a CCJ that has been settled...there is nothing to set a side.

 

So they didnt agree with the Consent Order ?

[AndyOrch]

Understood