Additional information requested to set aside CCJ-but dont want to provide it!

[Lost_boy]

I attended court this week to set side a county court as i got a stay of execution of a high court writ that was served at my parents address for a debt that i wasnt aware of as i dont live there. plus what it relates to. i have since found out a car was registered in my name at that address and my family may or may not known about it. if they did they are not cooperating with me.

i am homeless and i have been staying at many friends houses surfing couches for 4 years, i have no paper trail of me living anywhere.
the judge has asked me to provide proof of my homelessness plus where i have been staying.

My friends are not wiling to help me now as they have heard that bailiff are involved and if i submit their details bailiffs will attend their property. the court has asked that i provide this information to both the court and the claimant.

can i refuse to to give details to claimant but provide the information to the court and hope that they dont pass that information to the claimant. I don't want the bailiffs to turn up at my friends houses even though i have no financial interest nor assets there.

I am finding it really difficult to prove that i don't live at my parents house.

[Kati]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

tagging [MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION]

[Joanna C]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

I attended court this week to set side a county court as i got a stay of execution of a high court writ that was served at my parents address for a debt that i wasnt aware of as i dont live there. plus what it relates to. i have since found out a car was registered in my name at that address and my family may or may not known about it. if they did they are not cooperating with me.

i am homeless and i have been staying at many friends houses surfing couches for 4 years, i have no paper trail of me living anywhere.
the judge has asked me to provide proof of my homelessness plus where i have been staying.

My friends are not wiling to help me now as they have heard that bailiff are involved and if i submit their details bailiffs will attend their property. the court has asked that i provide this information to both the court and the claimant.

can i refuse to to give details to claimant but provide the information to the court and hope that they dont pass that information to the claimant. I don't want the bailiffs to turn up at my friends houses even though i have no financial interest nor assets there.

I am finding it really difficult to prove that i don't live at my parents house.

The short answer is no. The court appears to have ordered you to file evidence to prove you weren't living at your parents and the claimant will have to also be served with it.

Are you employed/self employed or unemployed? If you are employed what address does your employer & HMRC have? If unemployed what address have you provided there? If it isn't your parents address then that would be helpful.

have you carried out a credit check on yourself ? It would be useful to see what addresses are registered there for you?

As to the bailiff point I can understand your friends position especially since the recent changes. However friends you are no longer living with could perhaps confirm that you had been staying with them temporarily etc.

Have you made an application to set aside the default judgment against you? If not I would suggest you do. You should also submit a defence with it. Have you obtained a copy of the claim form? If not I suggest you ring the court tomorrow and get them to email you it.

[Lost_boy]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

I am employed by an nhs trust and i have been working there since 2005, unfortunately i didn't make my employers aware that i am homeless nor that i am sofa surfing.

My friends are too scared to help me now, they are not willing to even sign an affidavit nor Statutory declaration.

I have run a credit check and i have 13 CCJs registered against me, and i have sent applications for them to be set aside. unfortunately in my case i am having to use my parents address as a care of address.

[wales01man]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

Are you trying to set aside all these CCJs? difficult to se how you can achieve this with all of them without a real checkable address could be a lot of wasted court fees if you did win expect some creditors to try again looks like a real mess to sort out

[Lost_boy]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

All the CCJ'S are from the same parking company.

I am really in a pickle.

[Joanna C]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

From what you say there is little point making the applications unless you have a good defence. The CCJ's will be deemed to have been served correctly.

The only other ground for having them set aside is for some other good reason ( normally a defence with real prospects of success).

If if they are all the same parking company they will probably have used a standard template for their particulars of claim. Ring the court and obtain it and post it up for us to see - removing any personal data that could identify you first.

[Lost_boy]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

This was in the claim bundle that the judge gave me.

http://tinypic.com/view.php?pic=14e15qe&s=9

- - - Updated - - -

[Lost_boy]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

As to the bailiff point I can understand your friends position especially since the recent changes. However friends you are no longer living with could perhaps confirm that you had been staying with them temporarily etc.

would my friends be safe from all kinds of enforcement under this

18.2 The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

[Joanna C]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

would my friends be safe from all kinds of enforcement under this

18.2 The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

Yes if the court makes the order however the creditor/bailiff could try to say they found the address from another source.

[Joanna C]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

would my friends be safe from all kinds of enforcement under this

18.2 The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

I can't read your attachment?

[Lost_boy]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

could i challenge that, only i will have that information and would they not need to share source of information.

cant seem to upload picture from secure government controlled internet protection.

[Joanna C]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

Perhaps in their witness statement they could state that you have no goods at their property?

[Joanna C]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

Have you notified DVLA that you are not the registered keeper of the vehicle?

[Lost_boy]

Re: Additional information requested to set aside CCJ-but dont want to provide it!

Yes I have. The dvla have acknowledged that.

Could I in my defence, can't i dispute I wasn't aware that a vehicle was registered to me, but the evidence suggests otherwise but I am clearly not the owner/driver of the vehicle. But looking at the evidence in the claim form I believe I have grounds to challenge the pcns as to why they should not have been issued.