CCJ at wrong address

[R0b]

I’ll take a look at the witness statement later today. If you want to update it before then feel free to do that and I will look at the latest version you post.

[dab1]

Enclosed is the updated witness statement

Witness statement.docx

[R0b]

I've read through your WS and I've added some things to give you an example of how it should be set out. note there are lots of XXX's and square brackets with missing information so whatever you take from it, make sure that you update these missing parts.

Also I noticed in your WS there were references to letters by McInerney Homes about completion of the sale and other letters/documents which you have not referred to as exhibits. If you have these documents to hand, they should go in your exhibit.

Note also the defence is a bit wish washy with the intention to avoid preparing a fully fledged defence at this stage but at the same time arguing a valid point that the ground rent demands were not validly served. The main point is to have the claim set aside as of right and dismissed based on you paying the amount in full.

[dab1]

Thank you very much, this looks good to me, just some follow up questions: -

1. Croydon is my local county court, am I allowed to choose Croydon as my choice for attending the hearing?
2. Where the witness statement says Claim No, is that the Claim No of the original County Court Judgment from Compton?
3. Can I submit the application online together with pdf copies of all the exhibits duly marked? I suppose I need to send in 3 copies of each exhibit.
3. The CCJ is jointly against me and my wife, so I suppose I can change the first statement to:-

Me and Mrs xxxx are the Defendants in this application I make this statement on in support of an order to set aside a default judgment entered on [insert date] in favour of the Claimant.

Really appreciative of all the help received.

[R0b]

1. The court needs to be listed as the one that gave the judgment in your documents but when you submit the application, it usually gets transferred out to your local court.

2. Yes and that needs to be inserted into the N244 form so that it can be tracked and linked.

3. Yes. I assume the claim was made using the Money Claims Online site so it would have been handled by the CCBC team. In that case you can merge the N244 + witness statement and exhibits as a single PDF file then make 3 copies and in the title of each document just name it something like N244 - Set Application (Claimant copy) then court copy and defendant copy etc. You can email ccbcfees@justice.gov.uk and attach 3 copies. I normally say in the email body I will call to pay fees in 24/48 hours once to allow receipt and processing.

4. If it is in joint names then what you have said is fine but maybe say that "I make this statement on behalf of myself and the second Defendant who is my wife, in support of an order ..."

Also that example I've given you I noticed there's quite a few errors, missing words, duplicate words and grammatical errors s you may want to double check this before firing it off - first impressions count.

[dab1]

Application submitted by email last night. Tomorrow I will call 0300 123 1056 to make the payment, and then hope for the best. Its been a learning curve

[R0b]

Just make sure you have got the correct address for serving the application to the claim which should be the same as listed on the claim form unless their address has changed as you don't want to fall foul of the very thing you are arguing! It may also be helpful to send a copy to their legal rep also and put them on notice that it has been filed with the court and they will send an official application notice in due course but it's not required, more courteous.

[dab1]

I have made sure the claimants name and address is exactly the same as entered on their claim form. I will let the defendant know that I have raised a N244 application.

[dab1]

I created a PDF single document of N244 + Witness Statement + Exhibits. I then copied the document 3 times, renaming each as N244 Court Copy.pdf, N244 Claimaints Copy.pdf and N244 Defendants Copy.pdf and emailed the bundle to ccbcfees@justice.gov.uk

On the Exhibits document, I added in bold red AN1, AN2 etc. at the top of each exhibit.

[dab1]

I was about to make the application fee when I noticed an error on my N244 where it says:

1. An order that the judgment dated 24/08/2022 be set aside because pursuant to CPR 13.2,
service of the claim form was defective and invalid for the following reasons:
(a) The Defendant never lived at the address the claim form was served; or
(b) the Claimant was imputed with knowledge of an address where the Defendant
currently resides, which was not the address used by the Claimant on the claim form;


Item (b) is not correct should be "the Claimant was imputed with knowledge of an address where the Defendant normally resided ...."


As I have moved from there in 2018.

Having not made the payment yet, can I correct this and send in a new N244 application?

Also, I am trying to understand the case Collier v Williams [2006] upon which I am relying. This case appears to be based around an insurance claim which is different to my case being a ground rents claim. I am struggling to understand how this case relates to my case where a court notice is given to an address I have never lived in.

[dab1]

I am reading more into Marshall and Rankine -v- Maggs [2006] EWCA Civ 20 case, which appears to be the same as Collier v Williams [2006] . It is difficult reading for me, but what is encouraging for me is para 60 which says

[60] It follows in our judgment that the judge was right to hold that service was not effected on the defendant's last known residence for the simple reason that he had never resided at 47 Hays Mews.

However, there is so much jargon around this, I have no idea how the judge will see this in my case.

[R0b]

That Court of Appeal case has several cases rolled into one decision so that's why it is confusing but yes para. 60 is relevant. CPR 6.9 says it must be served at the last known or usual address and the CoA were essentially saying that the words 'last known or usual address' cannot be an address where someone that someone has never lived at.

A more recent case that supports the Marshall decision is Ivanchev v Velli 2020 (link here). It's a much short decision and worth reading but the consideration of the law is set out from para. 36 onwards (especially para. 38) and with reference to Marshall. You can use that also to support your argument when you get a date for the hearing.

[dab1]

I was about to make the application fee when I noticed an error on my N244 where it says:

1. An order that the judgment dated 24/08/2022 be set aside because pursuant to CPR 13.2,
service of the claim form was defective and invalid for the following reasons:
(a) The Defendant never lived at the address the claim form was served; or
(b) the Claimant was imputed with knowledge of an address where the Defendant
currently resides, which was not the address used by the Claimant on the claim form;


Item (b) is not correct should be "the Claimant was imputed with knowledge of an address where the Defendant normally resided ...."

What is the court process if I want to make this change - it is a cut and paste mistake. Payment has not been made yet

[dab1]

Application fee finally paid today, and managed to make the minor change and re-submitted adding the case reference in the email Subject, which because I had not done initailly, they could not find my email application! Now I wait.

[R0b]

Sorry I missed this, glad you sorted it and amended your application. If you already paid I would have probably said don't bother with an application to amend as it would cost you £255 whereas you could have just mentioned the slip at the hearing and probably got away with it.