Originally posted by moonsafari
View Post
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.........................................
Comment