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Hi everyone,
I found out I have CCJ from Excel parking solutions. Contacted them 3 times since I find out ( 11/11/2020) ofering to see aside by consent, but no replay only when I called them they told me it will take between 14 to 28 days to get back to me.To make sure it considered by court that I acted promptly I will send letter to court tomorrow for set aside without consent.
Can you have a look on this and let me know if looking ok for you guys.
DRAFT ORDER
UPON reading the Defendant's application dated xxxx of xxxxx and the annexed witness statement of xxxxxx dated xxxxxxxx
IT IS ORDERED that:
1. The default judgment dated 3rd of June be set aside.
2. The Claimant to pay the Defendant’s costs of this application to the sum of £255
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing in any event.
6. That all enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
IN THE COUNTY COURT AT: XXXXX
CLAIM No: XXXXXXX
BETWEEN:
Excel Parking Solution (Claimant)
-- and --
XXXXXXXX (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
1. I am XXXXX and I am the defendant in this matter. This is my supporting statement to my application dated 19/11/2020 requesting to:
a. Set aside the default judgment dated 03 July 2019 as it was not properly served at my current address
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be set aside.
2. Default Judgment
2.1 I understand that the claimant obtained a default judgment against me as the defendant on 3rd July 2019. However, this default judgment has not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received notification of a change in my credit rating score on the 10th November 2020.
2.2 I learnt of the existence of this claim on the evening of 10/11/2020 when I Checked my Credit Report. On 11/11/2020 I requested a report from Trust online to find out the details of the case. Once I received the case number, I contacted County Court Business Centre to find out the details of the claimant.
2.3 On 11/11/2020 I made a written request to the Claimant inviting them to consent to set aside the judgment. I follow my request in writing on 16/11/2020 , 17/11/2020 and 18/11/2020 stating the urgency of the case being aware of duty under CPR 1 dealing with a case justly and at proportionate cost, saving expenses especially when dealing with a not very complex and high importance case.
2.4 The Claimant did not respond to my request within 9 days from my initial request in writing.
2.5 I understand that the judgment was served at an OLD ADDRESS (XXXXXXXXX). However, I moved to a new address in December 2019 with my tenancy at the old address ending at the end of January 2020. In support of this I can provide a mortgage deed, council tax bill and utility contract for my new property. SEE EVIDENCE A
2.6 I amended the address on my V5C on the beginning of January receiving a document with updated address on 07/02/2020. This serves as further evidence that I acted in good faith and have not attempted to avoid any debt or contact. SEE EVIDENCE B.
2.7 I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.
2.8 I suggest the claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering there was a significant time between the events. Furthermore, considering they received no response from me to their correspondence I believe the Claimant had reasonable cause to question whether they were using an accurate address
2.9 On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.
3.0 Draft defence
I will draft defence when attending at hearing as I have not ever received any previous documentation from the Claimant about this matter so await full disclosure of the case from Excel Parking Solution that I have requested via a Subject Access Request. (Please see evidence C).
Statement of Truth
I, XXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated: ________________________________
I don`t have a clue what is the case, so cannot prepare draft defence, can I leave this point 3 as it is?
Also during call yesterday Excel directed me to thir solicitor - ELMS, but after contacting them they said they only dealing with debt recovery and cannot decide about setting case asde by consent.
Anything I should make them aware I`ll be sending case to court so they not trying to recover the debt?
Thanks in advance!
I found out I have CCJ from Excel parking solutions. Contacted them 3 times since I find out ( 11/11/2020) ofering to see aside by consent, but no replay only when I called them they told me it will take between 14 to 28 days to get back to me.To make sure it considered by court that I acted promptly I will send letter to court tomorrow for set aside without consent.
Can you have a look on this and let me know if looking ok for you guys.
DRAFT ORDER
UPON reading the Defendant's application dated xxxx of xxxxx and the annexed witness statement of xxxxxx dated xxxxxxxx
IT IS ORDERED that:
1. The default judgment dated 3rd of June be set aside.
2. The Claimant to pay the Defendant’s costs of this application to the sum of £255
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing in any event.
6. That all enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
IN THE COUNTY COURT AT: XXXXX
CLAIM No: XXXXXXX
BETWEEN:
Excel Parking Solution (Claimant)
-- and --
XXXXXXXX (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
1. I am XXXXX and I am the defendant in this matter. This is my supporting statement to my application dated 19/11/2020 requesting to:
a. Set aside the default judgment dated 03 July 2019 as it was not properly served at my current address
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be set aside.
2. Default Judgment
2.1 I understand that the claimant obtained a default judgment against me as the defendant on 3rd July 2019. However, this default judgment has not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received notification of a change in my credit rating score on the 10th November 2020.
2.2 I learnt of the existence of this claim on the evening of 10/11/2020 when I Checked my Credit Report. On 11/11/2020 I requested a report from Trust online to find out the details of the case. Once I received the case number, I contacted County Court Business Centre to find out the details of the claimant.
2.3 On 11/11/2020 I made a written request to the Claimant inviting them to consent to set aside the judgment. I follow my request in writing on 16/11/2020 , 17/11/2020 and 18/11/2020 stating the urgency of the case being aware of duty under CPR 1 dealing with a case justly and at proportionate cost, saving expenses especially when dealing with a not very complex and high importance case.
2.4 The Claimant did not respond to my request within 9 days from my initial request in writing.
2.5 I understand that the judgment was served at an OLD ADDRESS (XXXXXXXXX). However, I moved to a new address in December 2019 with my tenancy at the old address ending at the end of January 2020. In support of this I can provide a mortgage deed, council tax bill and utility contract for my new property. SEE EVIDENCE A
2.6 I amended the address on my V5C on the beginning of January receiving a document with updated address on 07/02/2020. This serves as further evidence that I acted in good faith and have not attempted to avoid any debt or contact. SEE EVIDENCE B.
2.7 I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.
2.8 I suggest the claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering there was a significant time between the events. Furthermore, considering they received no response from me to their correspondence I believe the Claimant had reasonable cause to question whether they were using an accurate address
2.9 On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.
3.0 Draft defence
I will draft defence when attending at hearing as I have not ever received any previous documentation from the Claimant about this matter so await full disclosure of the case from Excel Parking Solution that I have requested via a Subject Access Request. (Please see evidence C).
Statement of Truth
I, XXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated: ________________________________
I don`t have a clue what is the case, so cannot prepare draft defence, can I leave this point 3 as it is?
Also during call yesterday Excel directed me to thir solicitor - ELMS, but after contacting them they said they only dealing with debt recovery and cannot decide about setting case asde by consent.
Anything I should make them aware I`ll be sending case to court so they not trying to recover the debt?
Thanks in advance!
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