CCJ in absence - Help needed

[moonsafari]

I received this response finally late today.

I’ve been passed the file to consider the timeline and the issues in the claim. I note that your permanent address is as below, and note your email address and mobile number as well. These match our records from the assignment of the debt to REDACTED in December 2021. Communication attempts were made by REDACTED to your Belfast address, mobile number and email address until a letter dated 30 June 2022 was returned from the Belfast address as addressee gone away.

This was received by REDACTED in August 2022. A trace was carried out and the address in REDACTED ENGLISH ADDRESS was found to be a match. Further post was sent to this address and not returned. Consequently this address was relied upon and both proceedings and the subsequent judgment are valid under 6.9 of the Civil Procedure Rules. Emails were being sent to you at this gmail address as late as October 2022 which were ignored. Had you spoken with REDACTED at all, this may have been avoided. In addition, a call was made to the phone number stated below on 4 January 2022 and REDACTED were told that this was the wrong number for you. This is clearly incorrect. As such we will not be agreeing to discontinuing the claim. The debt is due.

We are however willing to be reasonable, and if you can provide us with details of what may be affordable to you by way of monthly repayments, or if you have any offers to make as a lump sum payment against the debt then we are willing to compromise where possible. Should you decide to make the application to Court as intimated below then we must inform you that in the course of defending it there will be further costs of our time in doing so, which would be sought from you and added to the judgment sum in the event we successfully defend the application.

To avoid this as a possibility we welcome your proposals as a means of negotiating a mutually agreeable outcome

[moonsafari]

:@echat11, could you contact me directly as the forum is having problems? I have a reply to share.


I received this response finally late today.
________________________________________

I’ve been passed the file to consider the timeline and the issues in the claim.

I note that your permanent address is as below, and note your email address and mobile number as well. These match our records from the assignment of the debt to REDACTED in December 2021.

Communication attempts were made by REDACTED to your Belfast address, mobile number and email address until a letter dated 30 June 2022 was returned from the Belfast address as addressee gone away. This was received by REDACTED in August 2022. A trace was carried out and the address in REDACTED ENGLISH ADDRESS was found to be a match. Further post was sent to this address and not returned. Consequently this address was relied upon and both proceedings and the subsequent judgment are valid under 6.9 of the Civil Procedure Rules.

Emails were being sent to you at this gmail address as late as October 2022 which were ignored. Had you spoken with REDACTED at all, this may have been avoided. In addition, a call was made to the phone number stated below on 4 January 2022 and REDACTED were told that this was the wrong number for you. This is clearly incorrect.

As such we will not be agreeing to discontinuing the claim. The debt is due. We are however willing to be reasonable, and if you can provide us with details of what may be affordable to you by way of monthly repayments, or if you have any offers to make as a lump sum payment against the debt then we are willing to compromise where possible.

Should you decide to make the application to Court as intimated below then we must inform you that in the course of defending it there will be further costs of our time in doing so, which would be sought from you and added to the judgment sum in the event we successfully defend the application. To avoid this as a possibility we welcome your proposals as a means of negotiating a mutually agreeable outcome.


____________________________

I drafted up a reply but thought I would ask here for advice before sending it. Please, any help would be greatly appreciated.

I hope this letter finds you well. I am writing in response to your communication received on [Date], concerning the CCJ filed against me by REDACTED on June 22, 2023.

I must raise an issue with the lack of specific details regarding the date and method of the "trace" you claim to have conducted to ascertain my current residence. Considering the timeline and the absence of a response to your client's letters, it should have prompted reasonable suspicion about my continued residence at the property. Under CPR 6.9, I believe you and your client failed to take appropriate steps to determine my current address. I intend to request SAR documentation to ascertain when your correspondence began to be sent to my current address after I had already relocated and informed relevant authorities of my address change while working in England.

Based on the circumstances outlined above, I firmly believe there are grounds for setting aside the default judgment under CPR 13.2. Your client should have had reasonable suspicion, given the lack of response to their letters, that I may have been residing elsewhere. Therefore, the service of the claim form was not in accordance with good service, and the default judgment was rendered irregularly.

Furthermore, I acknowledge receiving a generic email from REDACTED in October 2022. However, the communication lacked specific details about the account or the origin of the claim, making it indistinguishable from spam mail I commonly receive. I will include this communication as part of my submission. When I inquired about the lack of direct email contact, your colleagues stated that you were "under no obligation to contact me via email."

The oversight and subsequent failure to serve the court documents at the correct address have had a drastic impact on my credit file and prospective mortgage applications, especially as a young individual seeking financial stability. Despite my diligent efforts to communicate and obtain necessary documentation, my inquiries have been met with difficulties and untimely responses.

In light of the circumstances and your reluctance to discontinue the claim, I have decided to proceed with my initial plan of submitting an N244 application to the Court. I believe this is necessary to protect my rights and rectify the consequences of the aforementioned oversight.

I earnestly request your consent to set aside the CCJ, providing me with the opportunity to defend this claim, as any individual in this situation would rightfully expect. The decision to pursue an N244 application has not been taken lightly, and I believe any associated costs should be borne by the claimant if the application proves successful.

While I am open to finding a mutually agreeable resolution, I would like to emphasize that settling this claim without admission of liability by way of a consent order is a possible option. However, if an agreement cannot be reached, I will proceed with the application to set aside the default judgment, and incidental costs to the application will be sought.

I kindly request your reconsideration of this matter and invite you to engage in constructive dialogue for an equitable resolution.

[moonsafari]

Reply received.

I note that your permanent address is as below, and note your email address and mobile number as well. These match our records from the assignment of the debt to REDACTED in December 2021.

Communication attempts were made by REDACTED to your Belfast address, mobile number and email address until a letter dated 30 June 2022 was returned from the Belfast address as addressee gone away. This was received by REDACTED in August 2022. A trace was carried out and the address in ENGLISH ADDRESS was found to be a match. Further post was sent to this address and not returned. Consequently, this address was relied upon and both proceedings and the subsequent judgment are valid under 6.9 of the Civil Procedure Rules.

Emails were being sent to you at this gmail address as late as October 2022 which were ignored. Had you spoken with REDACTED at all, this may have been avoided. In addition, a call was made to the phone number stated below on 4 January 2022 and REDACTED was told that this was the wrong number for you. This is clearly incorrect.

As such we will not be agreeing to discontinue the claim. The debt is due. We are however willing to be reasonable, and if you can provide us with details of what may be affordable to you by way of monthly repayments, or if you have any offers to make as a lump sum payment against the debt then we are willing to compromise where possible.

Should you decide to make the application to Court as intimated below then we must inform you that in the course of defending it there will be further costs of our time in doing so, which would be sought from you and added to the judgment sum in the event we successfully defend the application. To avoid this as a possibility we welcome your proposals as a means of negotiating a mutually agreeable outcome.

Advice appreciated, please/

[EXC]

Sorry, your two posts above were mistakenly caught by our spam filter so I've approved them.

[echat11]

Do this - but there is no need to tell them you are doing this - 'I intend to request SAR documentation to ascertain when your correspondence began to be sent to my current address after I had already relocated and informed relevant authorities of my address change while working in England'.

Remove this - no need to tell them what your initial intentions were, plan etc - 'I have decided to proceed with my initial plan of submitting'

Fine otherwise.

[moonsafari]

Thanks, I'm still waiting on SAR documents but proceeding to submit on basis of limited time.

Draft Witness Statement, does this look ok?

IN THE XXXX COUNTY COURT
Claim No. XXXXXXX
BETWEEN:
REDACTED (Claimant)
and
REDACTED (Defendant)
________________________________________
WITNESS STATEMENT OF REDACTED
I, REDACTED, of REDACTED, Belfast, the Defendant in this case, make this Witness Statement in support of my application to set aside the default judgment entered against me on 22 June 2023 in Claim No. XXXXXXX.

1. CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
   1. the defendant has a real prospect of successfully defending the claim; or
   2. it appears to the court that there is some other good reason why –

1. the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

1. On 20 July 2023, when I checked my credit report, I became aware of this CCJ. However, I was never notified about the claim or judgment prior to this date.
   On 21 July 2023, I contacted REDACTED to obtain further information regarding this claim. I was advised that I would require a SAR.
2. On 21 July and 24 July 2023, I contacted the Northampton County Court to obtain the claim documents, which I received on 25 July 2023.
3. On 25 July 2023, I submitted a SAR request asking for any evidence that the claim was served at the REDACTED(English Address). I received these documents in August. Enclosed and marked C1 is that request.
4. On 25/07/2023 I wrote to the claimant to inform them of the deficient service of the claim form and request their consent to set aside the judgement. Enclosed and marked C2 is that request.
5. On 02/08/2023 after several unreturned phone calls, I again made a written request to assist in the application with consent. Enclosed and marked C3 is that request.
6. On 02/08/2023 I received their refusal and as such am making this application without consent. Enclosed and marked C4 is that refusal.
7. My permanent residential address since 1990 has been REDACTED. The Claimant was aware of this address from previous communications. Enclosed and marked C5 is proof of this address.
8. From August 2021 to August 2022, while working in England, I temporarily resided at REDACTED(English Address). However, I never provided this address to the Claimant. Enclosed and marked C6 is end of tenancy.
9. In August 2022 I moved to the Netherlands, and in February 2023, I returned my UK license with the DVLA to reflect my new Dutch address, thus obtaining a Dutch driving licence, rendering the REDACTED(English Address) address outdated. I now reside in the Netherlands with a second address in REDACTED(Irish Address) Enclosed and marked C7.
10. REDACTED(Irish Address). is the address I am registered at on the electoral roll. Enclosed and marked C8 is that record.
11. I have grounds for setting aside the judgment under CPR 13.2 and 13.3 due to deficiencies in the service of the claim form and default judgment.
12. I believe that the judgement dated 22/06/2023 should be set aside pursuant to CPR 13.3 (1)(b), in that due to deficient service of the claim form by the claimant I was not afforded the opportunity to defend the claim which I believe represents good reason why the judgement should be set aside.
13. I never received any claim forms or notice of CCJ at my actual Belfast address. The judgment appears to have been improperly served based on CPR Part 6.
14. Considering the timeline and the absence of a response to their letters, it should have prompted reasonable suspicion about my continued residence at the property. Under CPR 6.9, I believe the Claimant failed to take appropriate steps to determine my current address.
15. Based on the circumstances outlined above, I firmly believe there are grounds for setting aside the default judgment under CPR 13.2. The claimant should have had reasonable suspicion, given the lack of response to their letters, that I may have been residing elsewhere. Therefore, the service of the claim form was not in accordance with good service, and the default judgment was rendered irregularly.
16. I had not received any documentation related to this Judgment prior to it being registered against me. I have not received any notice of the start of proceedings or any claim form ("Claim Form") from the claimant. Therefore, I have had no opportunity to defend myself.
17. In October 2022, the only correspondence I received from the claimant was a generic email from the Claimant that did not contain any account details, figures owed, or the origin of the debt. The only specific detail was my name, suggesting it was a mass email. This does not constitute proper notice. Enclosed and marked C5 is that correspondence.
18. I respectfully request that the Claimant be ordered to pay me the sum of £275 wasted costs occasioned in bringing this application to the court and that directions be given as to the filing of my defence with the court.
19. I believe I acted promptly upon discovering the judgment, and had I received the claim form, it is more likely than not that I would have defended the claim.
20. I would like to refer to the case: Godwin v Swindon Borough Council [2001] EWCA Civ 1478:

Rule 13.3(1)(b) has a disjunctive alternative, so that the court may setaside or vary judgment entered in default if it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim. In my view, this is plainly capable of extending to circumstances where the defendant has not received the claim form and particulars of claim before judgment was entered against him. It is not an absolute right, but does not have to depend on the defendant having a real prospect of successfully defending the claim. The court therefore has sufficient power to do justice in these cases and will, no doubt, normally exercise this discretion in favour of a defendant who establishes that he had no knowledge of the claim before judgment in default was entered unless it is pointless to do so.".

21. I request the CCJ be set aside so that I can defend the claim. I have made reasonable attempts to resolve this matter amicably, but the Claimant has not provided a substantive response.

22. Therefore, I believe it is necessary to proceed with an application to set aside the CCJ, with costs to be borne by the Claimant if successful.

Statement of Truth.

I believe the facts stated in this Witness Statement are true.

[echat11]

a) 3) On 25 July 2023, I submitted a SAR request asking for any evidence that the claim was served at the REDACTED(English Address). I received these documents in August. Enclosed and marked C1 is that request.

Rethink the above, when you request a SAR, you are requesting information, not requesting evidence (as such). You would look through the information they send you, to find evidence.

b) Sort out the Statement of Truth, it should read as follows : -

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

c) Check to see if you've repeated statements, which could be left out.

[moonsafari]

Thank you once more. I have made your adjustments.

In light of the points I have raised, am I hoping for discretionary grounds to setting aside?

I have used the template draft order provided which is pasted below. Should this suffice?

And finally, I have read that it is advised to include a draft defence. Is this more relevant for claimants who wish to argue the original default or perhaps the merits of the application for a ccj in the first place (e.g statute barred), as opposed to someone like myself who is wishing to set aside the CCJ only to perhaps pay in future? If it is advised, and I should attach a draft defence regardless, is there a template or some guidance I could follow? The draft defence example is no longer visible on https://legalbeagles.info/library/ho...#letterconsent.

Draft Order Template

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant

– and –

Defendant

YOUR NAME

_________________________________

DRAFT ORDER _________________________________

Upon reading the defendant’s application dated ……………….

It is ordered that:

1. The judgment dated [insert date of judgment] be set aside.
2. The Defendant shall file and serve its Defence by 4pm on [insert date].
3. The Claimant do pay the Defendant’s costs of this application to the sum of £275
4. The Claimant has permission to file and serve a reply if so required.

[echat11]

Set a side aren't automatic, each case is different, it depends on the facts of the case, if you say I didn't receive the documents, you need to provide evidence to show that is the case.

If you are going to pay, then there is no point doing a Defence. What you are challenging is that you didn't receive the documents, you owe the money, you would have paid had you known about the CCJ application.

If you aren't going to Defend, then remove point 2.

In the Draft order, you want make sure there are no loose ends.

i.e. That the Claimant removes the CCJ once the Defendant pays £XXX.XX to the Claimant.
Search this site, there are examples of Draft Orders.

[moonsafari]

Thanks, I have removed point two.

In relation your final point, I imagine as the default seems to be legitimate (it is not statute-barred and they likely possess a CCA, I'm not sure any other grounds I would have), do I first request to be set aside, and hopefully that is successful? Therefore the ccj is removed and then the process resets. At that point, I can judge the merits of the default and respond within the time limit.

So basically, is it better to be proactive, and include " That the Claimant removes the CCJ once the Defendant pays £XXX.XX to the Claimant.", now, or do I wait until it is set aside and deal with it then?

[echat11]

Thanks, I have removed point two.

In relation your final point, I imagine as the default seems to be legitimate (it is not statute-barred and they likely possess a CCA, I'm not sure any other grounds I would have), do I first request to be set aside, and hopefully that is successful? Therefore the ccj is removed and then the process resets. At that point, I can judge the merits of the default and respond within the time limit.

So basically, is it better to be proactive, and include " That the Claimant removes the CCJ once the Defendant pays £XXX.XX to the Claimant.", now, or do I wait until it is set aside and deal with it then?

You really have to decide what you want to do.

Remember, before the CCJ against you, there was a Judgement against you. You received the CCJ because you didn't pay the Judgement against you. The only way to change the original Judgement, is Appeal through the Court of Appeal. You are way past the time limits.

[moonsafari]

You really have to decide what you want to do.

Remember, before the CCJ against you, there was a Judgement against you. You received the CCJ because you didn't pay the Judgement against you. The only way to change the original Judgement, is Appeal through the Court of Appeal. You are way past the time limits.

By judgement do you refer to the original default judgement? Therefore as the default could be valid and not statute barred, then there is no point contesting it.

On that basis, I should offer to pay as part of the draft order or could this go against me in some way?

I remember reading this comment on another thread

"No, CPR 13.3 (i)(b)(ii) says it should be set aside if there is good reason for you to defend the claim, that good reason is that you didn't have the chance to defend (or admit it) for that matter. They should set it aside, and then set dates for filing a defence."

I am also confused about the jurisdiction of the court as well, would they have to reapply at Northern Ireland court?

[moonsafari]

DRAFT DEFENCE

I,______, the Defendant, deny that I owe the Claimant the full sum claimed, or any amount at all.

I was not given proper service of the claim form. The Claimant did not make reasonable inquiries to determine my current address, and therefore did not send the claim form or the default judgment to my actual residential address.

In October 2022, the only correspondence I received from the Claimant was a generic email that did not specify the account details, the amount owed, or the origin of the debt. This does not constitute proper notice of claim.

As a result of not being properly served, I was not given the opportunity to respond to or dispute the claim before the judgment was entered.

I have made reasonable attempts to resolve this matter amicably, but the Claimant has not provided a substantive response.

I am therefore requesting that the judgment be set aside, and that I be allowed to defend the claim.

In the circumstances, I respectfully request that the court dismisses this claim in its entirety.

STATEMENT OF TRUTH

I believe that the facts stated in this Draft Defence are true.

Dated:

[echat11]

DRAFT DEFENCE

I,______, the Defendant, deny that I owe the Claimant the full sum claimed, or any amount at all.

I was not given proper service of the claim form. The Claimant did not make reasonable inquiries to determine my current address, and therefore did not send the claim form or the default judgment to my actual residential address.

In October 2022, the only correspondence I received from the Claimant was a generic email that did not specify the account details, the amount owed, or the origin of the debt. This does not constitute proper notice of claim.

As a result of not being properly served, I was not given the opportunity to respond to or dispute the claim before the judgment was entered.

I have made reasonable attempts to resolve this matter amicably, but the Claimant has not provided a substantive response.

I am therefore requesting that the judgment be set aside, and that I be allowed to defend the claim.

In the circumstances, I respectfully request that the court dismisses this claim in its entirety.

STATEMENT OF TRUTH

I believe that the facts stated in this Draft Defence are true.

XXXXXXXXXXXX
Dated:

I think you need to remove the word Draft, what's wrong with the Statement of Truth? also remove your name.

[moonsafari]

I think you need to remove the word Draft, what's wrong with the Statement of Truth? also remove your name.

Thanks, good spot. could you remove the name from your quoted message as well please. What do you mean in regard to statement of truth? I have copied from other templates from the forum, how should I change it?

Claim No: REDACTED

Background:
I. I was not properly notified about the claim or judgment until 20 July 2023 when I checked my credit report. Prior to this date, I had no knowledge of the proceedings against me.
II. I have been a resident at my permanent address in Belfast since 1990. However, I never received any claim forms or notice of the County Court Judgment (CCJ) at this address. The claimant was well aware of my correct address, as it had been the address they had on file.

Deficiencies in Service:
I. The Defendant contends that the claim form was improperly served, and he was not afforded the opportunity to defend the claim. The Defendant never received any claim forms or notice of the CCJ at his actual Belfast address, which has been his permanent residential address since 1990. The Claimant was aware of this address.
II. The Defendant submits that the judgment appears to have been improperly served based on CPR Part 6. The Claimant failed to take appropriate steps to determine the Defendant's current address, despite the timeline and absence of response to their letters on a new address they claimed to have traced, which should have prompted reasonable suspicion about his continued residence at the property.
III. The Defendant refers to CPR 6.9, which requires the Claimant to take reasonable steps to ascertain the Defendant's address for service. The Claimant's failure to fulfill this obligation resulted in deficient service, rendering the default judgment irregular.
IV. The Defendant received a generic email from the claimant in October 2022, which did not provide adequate information about the alleged debt and did not constitute proper notice of the claim.

Good Reason to Set Aside Judgment:
I. The Defendant believes there is good reason to set aside the judgment under CPR 13.3(1)(b). He acted promptly upon discovering the judgment and would have likely defended the claim if he had received the claim form. The case of Godwin v Swindon Borough Council [2001] EWCA Civ 1478 establishes that the court has the discretion to set aside or vary a judgment entered in default if the defendant had no knowledge of the claim before judgment was entered. The circumstances of the Defendant's case warrant the exercise of the court's discretion in his favour.

Request for Costs:
I. The Defendant kindly requests that the claimant be ordered to pay the sum of £275 as wasted costs occasioned in bringing this application to the court. These costs include necessary expenses incurred in challenging the default judgment.

Conclusion:
I. In conclusion, the Defendant respectfully requests that the court sets aside the default judgment entered against him in Claim No. REDACTED. He denies the claimant's allegations and asserts that the claim form was improperly served, thereby depriving him of the opportunity to defend the claim adequately. He also seeks an order for the claimant to pay the wasted costs incurred in bringing this application.
II. The Defendant has attached a completed N244 application form and kindly requests that the court considers his application at the earliest convenience. He would be grateful for any directions the court may provide regarding the filing of his defence should the default judgment be set aside.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Date............................................
Signed.........................................