CCJ in absence - Help needed

[moonsafari]

Hello,

I hope you can help me.

I received an email today from my credit report agency stating that my score had gone down and discovered that Link Financial had a CCJ placed successfully filed against me on June 22nd, 2023 for an amount of £2007 (originally £1598 with added fees). This has been a Halifax credit card that defaulted in February 2019. A time of great financial difficulty, that I have tried to remedy to certain measures. I have not received any correspondence about this, either from the court of Link Financial.

On the credit report entry for the CCJ, the linked address they have stated is Hampshire, England where I had lived from August 2021 to August 2022. This was an address that I lived at some of the time for a job I had there, but still also lived in Belfast N.Ireland, which was the address that Halifax had for me when I defaulted in 02/2019.

I called Link Financial immediately this afternoon who told me to get in contact with their solicitor firm. I asked them where they had gotten this Hampshire address, and they said the original lender had provided it. I assume they meant claimant, as Halifax would only have had my Belfast address.

When I asked them why they had not sent this to my home address in Belfast, as I never informed them that this was not the correct address where I could reliably receive mail, they stated that they had received returned mail stating that a person of my name no longer lived at that address. My parents still do and we did not return mail to this effect. When I asked for further information or evidence of this, they stated I could only receive this via a Subject Access request. As I had still not received any of the court forms I asked for the court forms to help build my case and obtain the facts, they again said they would not provide me with this and I would be required to send them a SAR, which again would take 30 days for them to return. They said the court judgment was for payments of £82 monthly to start tomorrow.

I can only assume this English address was from the DVLA as I had sold my car in August 2022 before emigrating to the Netherlands. The Dutch driving agency returned my Northern Ireland driving license to DVLA in February 2023 in order for it to be replaced by a Dutch driving license as I had been living there for 6 months. So I assume DVLA would have this on record as well.

I checked my email and see no correspondence from them, as my email address has remained the same. They say they have no obligation to send this information by email. They did have a very old telephone number for me, that is no longer active.
In light of this matter, I have come across information about the N244 form, which allows individuals to request that a CCJ be set aside. I am seeking guidance regarding whether I have a valid case for this course of action. Moreover, I am uncertain about whether I should seek legal representation and, if so, whether it should be from an English solicitor firm due to the Hampshire address being involved.

Additionally, if a hearing were to take place for the CCJ to be set aside, I am unsure of how to attend, given that I currently reside outside the country.

To proceed appropriately, I plan to submit a Subject Access Request to obtain more information about this CCJ and its handling. Should I also send any forms or requests to the claimant/solicitors involved, in addition to the court?

Any help would be very much appreciated, as you might have noticed, I haven't any experience in dealing with legal matters of any description.

[MIKE770]

Subject Access Request Letter

[MIKE770]

echat11

[echat11]

a) Send the SAR.

b) Go through the SAR documents / credit reports, gather evidence that shows the Court papers were sent to the wrong address or that the creditor didn't carry out all the checks before filing for a CCJ.

c) Prove that you didn't receive the Court papers, if you can do that, the Creditor should consent to setting the CCJ aside (the N244 fee is less).

d) Then you can draw up a Consent Order agree that with the Creditor.

e) I don't know 100%, but a telephone Hearing. If you get consent from the Creditor, they don't need to attend.

https://legalbeagles.info/library/ho...-judgment-ccj/

[moonsafari]

Thanks for all of your help. I sent a SAR request to both the debt recovery firm and their solicitors. The next day when I received the court documents from the county court I sent this email to both the debt recovery firm and their solicitors.

___________________________________
25/07/2023 - Consent Order Request

I hope this letter finds you well. I am writing to inform you that I have sought legal advice on the matter concerning the County Court Judgment (CCJ) that was successfully filed against me by REDACTED. Based on the legal counsel received, it has been confirmed that I have very strong grounds to set aside the CCJ.

I recently became aware of the CCJ via an email from my credit report agency on the 20th of July 2023, which I was previously unaware of, and I am deeply concerned about the situation. I have been made aware that the judgment amount is £2007 with the original debt being £1597, and that the CCJ was filed on June 22nd, 2023.

Before proceeding further, I want to clarify some pertinent information to aid in resolving this matter. From 1991, my primary and permanent address has been REDACTED. I have resided at this address, including the time when the original default occurred in February 2019 and this is where the claim forms should have been served. During my employment commitment from August 2021 to August 2022, I lived partly at REDACTED (English Address), for a very small window, where I worked in England under a hybrid work arrangement.

It is crucial to mention that I never provided REDACTED or any other party with the REDACTED (English Address), and I am uncertain how this address was linked to my credit report and the CCJ. As previously stated, my original address in Belfast has remained the same since 1991. However, if the English address was retrieved from the DVLA, I must clarify that this information was updated approximately 5 to 6 months ago when the Dutch driving agency returned my Northern Ireland driving license to the DVLA in February 2023. The purpose of this update was to indicate my current residence in the Netherlands, where I had been residing for six months at that time. Therefore, if the REDACTED (English Address) address was obtained from the DVLA, it was an incorrect and outdated record, as I have not lived at that address since August 2022.

I can provide concrete evidence to demonstrate that my REDACTED (N.Irish Address),, remains and has always been my valid address since 1990. Additionally, I can furnish proof that I relocated to the Netherlands and promptly contacted the DVLA to inform them that I no longer lived at the address in question.

On 24th July 2023, I took the initiative to contact Northampton County Business Services to obtain all the necessary documents related to the claim. I successfully received all the relevant documents on 25th July 2023.

Based on the evidence available, it is evident that the claim was not served to my provided address, as is the ‘usual or last known’ residence. Actions were taken to ascertain a new address, but they were conducted incorrectly, resulting in the claim being deemed not to have been served. This irregularity renders the CCJ invalid, and the court must set it aside accordingly.

Regarding the County Court Judgment (CCJ) that was filed against me, I am also querying whether the claim should have been submitted to a court in Northern Ireland, where my original address has been since 1990, rather than in England. As my primary and permanent residence has always been in REDACTED, Northern Ireland, and the default on the debt occurred while I resided in Northern Ireland, it raises questions as to the appropriate jurisdiction for this claim. I would appreciate clarification on this matter to ensure that the proper legal procedures were followed in the filing of the CCJ.

In light of these circumstances and the strong advice I have received, I have already submitted a SAR (25/07/2023), and kindly request that you provide me with any documents or evidence you possess that indicate the court papers were sent to the (REDACTED (English Address), and that the necessary checks were carried out before filing for the CCJ.

Furthermore, I reiterate my willingness to resolve this matter amicably and promptly. I am not seeking to avoid my financial obligations, but rather, I am eager to address this situation transparently and in a manner that ensures fairness and proper adherence to the legal process.

Furthermore, I have attached a draft consent order agreement to this letter, indicating my willingness to resolve this matter amicably and promptly. If REDACTED, wishes to proceed in this manner, I kindly request their cooperation in reviewing and considering the proposed agreement. This approach could potentially lead to a fair and mutually satisfactory resolution without the need for protracted legal proceedings. I remain open to engaging in constructive dialogue to find a resolution that upholds the principles of justice and fairness.

Given the urgency of this situation, I kindly request that you respond to this letter within seven (7) days of receipt. Should you fail to respond within this timeframe, I will proceed with my N244 application to the court to set aside the CCJ based on the information available to me.

Thank you for your attention to this matter. I await your prompt response.
______________

After further follow-up telephone calls where I never got to speak to anyone and their calls went unreturned, I sent this on the 7th day.
___________________________________

01/08/2023 - Follow Up

I hope this email finds you well. Following our conversation yesterday, during which I was assured of a prompt response or callback, I am writing to kindly request an electronic copy of the Subject Access Request (SAR) documents that you mentioned were sent to my address. Having access to this information would prove beneficial as I am currently in the process of submitting the N244 form today, as previously communicated in my email dated 25/07/2023.

To date, I have not received any communication or documentation from REDACTED regarding the County Court Judgment (CCJ) in question, nor have I received any response to my previous request for information. I am concerned about the lack of correspondence, both in writing and via phone, since I discovered the existence of the CCJ.

To ensure the accuracy and completeness of my application to set aside the CCJ, it is crucial that I have access to the relevant SAR documents. These documents will assist the court in understanding the context and supporting my case effectively.

Additionally, I kindly ask for a decision on whether you intend to proceed with a consent order to set aside the CCJ. This determination will significantly impact the manner in which I submit my application, and it is essential for me to be aware of your position in this regard.

I understand the importance of a timely and accurate response, given the time-sensitive nature of this matter. Your cooperation in providing the requested SAR documents and decision regarding consent, at your earliest convenience would be greatly appreciated.

Thank you for your attention to this matter. I look forward to receiving the requested information promptly

_____________________________

I received this response finally late today. 01/08/2023...

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.

Unsent draft reply

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.

Thank you for your attention to this matter, and I look forward to a timely and appropriate response.

[moonsafari]

Thanks for all of your help. I sent a SAR request to both the debt recovery firm and their solicitors. The next day when I received the court documents from the county court I sent this email to both the debt recovery firm and their solicitors.

___________________________________
25/07/2023 - Consent Request

I hope this letter finds you well. I am writing to inform you that I have sought legal advice on the matter concerning the County Court Judgment (CCJ) that was successfully filed against me by REDACTED. Based on the legal counsel received, it has been confirmed that I have very strong grounds to set aside the CCJ.

I recently became aware of the CCJ via an email from my credit report agency on the 20th of July 2023, which I was previously unaware of, and I am deeply concerned about the situation. I have been made aware that the judgment amount is £2007 with the original debt being £1597, and that the CCJ was filed on June 22nd, 2023.

Before proceeding further, I want to clarify some pertinent information to aid in resolving this matter. From 1991, my primary and permanent address has been REDACTED. I have resided at this address, including the time when the original default occurred in February 2019 and this is where the claim forms should have been served. During my employment commitment from August 2021 to August 2022, I lived partly at REDACTED (English Address), for a very small window, where I worked in England under a hybrid work arrangement.

It is crucial to mention that I never provided REDACTED or any other party with the REDACTED (English Address), and I am uncertain how this address was linked to my credit report and the CCJ. As previously stated, my original address in Belfast has remained the same since 1991. However, if the English address was retrieved from the DVLA, I must clarify that this information was updated approximately 5 to 6 months ago when the Dutch driving agency returned my Northern Ireland driving license to the DVLA in February 2023. The purpose of this update was to indicate my current residence in the Netherlands, where I had been residing for six months at that time. Therefore, if the REDACTED (English Address) address was obtained from the DVLA, it was an incorrect and outdated record, as I have not lived at that address since August 2022.

I can provide concrete evidence to demonstrate that my REDACTED (N.Irish Address),, remains and has always been my valid address since 1990. Additionally, I can furnish proof that I relocated to the Netherlands and promptly contacted the DVLA to inform them that I no longer lived at the address in question.

On 24th July 2023, I took the initiative to contact Northampton County Business Services to obtain all the necessary documents related to the claim. I successfully received all the relevant documents on 25th July 2023.

Based on the evidence available, it is evident that the claim was not served to my provided address, as is the ‘usual or last known’ residence. Actions were taken to ascertain a new address, but they were conducted incorrectly, resulting in the claim being deemed not to have been served. This irregularity renders the CCJ invalid, and the court must set it aside accordingly.

Regarding the County Court Judgment (CCJ) that was filed against me, I am also querying whether the claim should have been submitted to a court in Northern Ireland, where my original address has been since 1990, rather than in England. As my primary and permanent residence has always been in REDACTED, Northern Ireland, and the default on the debt occurred while I resided in Northern Ireland, it raises questions as to the appropriate jurisdiction for this claim. I would appreciate clarification on this matter to ensure that the proper legal procedures were followed in the filing of the CCJ.

In light of these circumstances and the strong advice I have received, I have already submitted a SAR (25/07/2023), and kindly request that you provide me with any documents or evidence you possess that indicate the court papers were sent to the (REDACTED (English Address), and that the necessary checks were carried out before filing for the CCJ.

Furthermore, I reiterate my willingness to resolve this matter amicably and promptly. I am not seeking to avoid my financial obligations, but rather, I am eager to address this situation transparently and in a manner that ensures fairness and proper adherence to the legal process.

Furthermore, I have attached a draft consent order agreement to this letter, indicating my willingness to resolve this matter amicably and promptly. If REDACTED, wishes to proceed in this manner, I kindly request their cooperation in reviewing and considering the proposed agreement. This approach could potentially lead to a fair and mutually satisfactory resolution without the need for protracted legal proceedings. I remain open to engaging in constructive dialogue to find a resolution that upholds the principles of justice and fairness.

Given the urgency of this situation, I kindly request that you respond to this letter within seven (7) days of receipt. Should you fail to respond within this timeframe, I will proceed with my N244 application to the court to set aside the CCJ based on the information available to me.

Thank you for your attention to this matter. I await your prompt response.
______________

After further follow-up telephone calls where I never got to speak to anyone and their calls went unreturned, I sent this on the 7th day.
___________________________________

01/08/2023 - Follow up

I hope this email finds you well. Following our conversation yesterday, during which I was assured of a prompt response or callback, I am writing to kindly request an electronic copy of the Subject Access Request (SAR) documents that you mentioned were sent to my address. Having access to this information would prove beneficial as I am currently in the process of submitting the N244 form today, as previously communicated in my email dated 25/07/2023.

To date, I have not received any communication or documentation from REDACTED regarding the County Court Judgment (CCJ) in question, nor have I received any response to my previous request for information. I am concerned about the lack of correspondence, both in writing and via phone, since I discovered the existence of the CCJ.

To ensure the accuracy and completeness of my application to set aside the CCJ, it is crucial that I have access to the relevant SAR documents. These documents will assist the court in understanding the context and supporting my case effectively.

Additionally, I kindly ask for a decision on whether you intend to proceed with a consent order to set aside the CCJ. This determination will significantly impact the manner in which I submit my application, and it is essential for me to be aware of your position in this regard.

I understand the importance of a timely and accurate response, given the time-sensitive nature of this matter. Your cooperation in providing the requested SAR documents and decision regarding consent, at your earliest convenience would be greatly appreciated.

Thank you for your attention to this matter. I look forward to receiving the requested information promptly

_____________________________

I received this response finally late today. 01/08/2023...

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.

Thank you for your attention to this matter, and I look forward to a timely and appropriate response.

[moonsafari]

Thanks for all of your help. I sent a SAR request to both the debt recovery firm and their solicitors. The next day when I received the court documents from the county court I sent this email to both the debt recovery firm and their solicitors.

___________________________________
25/07/2023 - Consent Request

I hope this letter finds you well. I am writing to inform you that I have sought legal advice on the matter concerning the County Court Judgment (CCJ) that was successfully filed against me by REDACTED. Based on the legal counsel received, it has been confirmed that I have very strong grounds to set aside the CCJ.

I recently became aware of the CCJ via an email from my credit report agency on the 20th of July 2023, which I was previously unaware of, and I am deeply concerned about the situation. I have been made aware that the judgment amount is £2007 with the original debt being £1597, and that the CCJ was filed on June 22nd, 2023.

Before proceeding further, I want to clarify some pertinent information to aid in resolving this matter. From 1991, my primary and permanent address has been REDACTED. I have resided at this address, including the time when the original default occurred in February 2019 and this is where the claim forms should have been served. During my employment commitment from August 2021 to August 2022, I lived partly at REDACTED (English Address), for a very small window, where I worked in England under a hybrid work arrangement.

It is crucial to mention that I never provided REDACTED or any other party with the REDACTED (English Address), and I am uncertain how this address was linked to my credit report and the CCJ. As previously stated, my original address in Belfast has remained the same since 1991. However, if the English address was retrieved from the DVLA, I must clarify that this information was updated approximately 5 to 6 months ago when the Dutch driving agency returned my Northern Ireland driving license to the DVLA in February 2023. The purpose of this update was to indicate my current residence in the Netherlands, where I had been residing for six months at that time. Therefore, if the REDACTED (English Address) address was obtained from the DVLA, it was an incorrect and outdated record, as I have not lived at that address since August 2022.

I can provide concrete evidence to demonstrate that my REDACTED (N.Irish Address),, remains and has always been my valid address since 1990. Additionally, I can furnish proof that I relocated to the Netherlands and promptly contacted the DVLA to inform them that I no longer lived at the address in question.

On 24th July 2023, I took the initiative to contact Northampton County Business Services to obtain all the necessary documents related to the claim. I successfully received all the relevant documents on 25th July 2023.

Based on the evidence available, it is evident that the claim was not served to my provided address, as is the ‘usual or last known’ residence. Actions were taken to ascertain a new address, but they were conducted incorrectly, resulting in the claim being deemed not to have been served. This irregularity renders the CCJ invalid, and the court must set it aside accordingly.

Regarding the County Court Judgment (CCJ) that was filed against me, I am also querying whether the claim should have been submitted to a court in Northern Ireland, where my original address has been since 1990, rather than in England. As my primary and permanent residence has always been in REDACTED, Northern Ireland, and the default on the debt occurred while I resided in Northern Ireland, it raises questions as to the appropriate jurisdiction for this claim. I would appreciate clarification on this matter to ensure that the proper legal procedures were followed in the filing of the CCJ.

In light of these circumstances and the strong advice I have received, I have already submitted a SAR (25/07/2023), and kindly request that you provide me with any documents or evidence you possess that indicate the court papers were sent to the (REDACTED (English Address), and that the necessary checks were carried out before filing for the CCJ.

Furthermore, I reiterate my willingness to resolve this matter amicably and promptly. I am not seeking to avoid my financial obligations, but rather, I am eager to address this situation transparently and in a manner that ensures fairness and proper adherence to the legal process.

Furthermore, I have attached a draft consent order agreement to this letter, indicating my willingness to resolve this matter amicably and promptly. If REDACTED, wishes to proceed in this manner, I kindly request their cooperation in reviewing and considering the proposed agreement. This approach could potentially lead to a fair and mutually satisfactory resolution without the need for protracted legal proceedings. I remain open to engaging in constructive dialogue to find a resolution that upholds the principles of justice and fairness.

Given the urgency of this situation, I kindly request that you respond to this letter within seven (7) days of receipt. Should you fail to respond within this timeframe, I will proceed with my N244 application to the court to set aside the CCJ based on the information available to me.

Thank you for your attention to this matter. I await your prompt response.
______________

After further follow-up telephone calls where I never got to speak to anyone and their calls went unreturned, I sent this on the 7th day.
___________________________________

01/08/2023 - Follow up

I hope this email finds you well. Following our conversation yesterday, during which I was assured of a prompt response or callback, I am writing to kindly request an electronic copy of the Subject Access Request (SAR) documents that you mentioned were sent to my address. Having access to this information would prove beneficial as I am currently in the process of submitting the N244 form today, as previously communicated in my email dated 25/07/2023.

To date, I have not received any communication or documentation from REDACTED regarding the County Court Judgment (CCJ) in question, nor have I received any response to my previous request for information. I am concerned about the lack of correspondence, both in writing and via phone, since I discovered the existence of the CCJ.

To ensure the accuracy and completeness of my application to set aside the CCJ, it is crucial that I have access to the relevant SAR documents. These documents will assist the court in understanding the context and supporting my case effectively.

Additionally, I kindly ask for a decision on whether you intend to proceed with a consent order to set aside the CCJ. This determination will significantly impact the manner in which I submit my application, and it is essential for me to be aware of your position in this regard.

I understand the importance of a timely and accurate response, given the time-sensitive nature of this matter. Your cooperation in providing the requested SAR documents and decision regarding consent, at your earliest convenience would be greatly appreciated.

Thank you for your attention to this matter. I look forward to receiving the requested information promptly

_____________________________

[moonsafari]

I received this response finally late today. 01/08/2023...

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.

Thank you for your attention to this matter, and I look forward to a timely and appropriate response.

[moonsafari]

I received this response finally late today. 01/08/2023..

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]

Thanks for all of your help. I sent a SAR request to both the debt recovery firm and their solicitors. The next day when I received the court documents from the county court I sent this email to both the debt recovery firm and their solicitors.

___________________________________
25/07/2023 - Consent Request

I hope this letter finds you well. I am writing to inform you that I have sought legal advice on the matter concerning the County Court Judgment (CCJ) that was successfully filed against me by REDACTED. Based on the legal counsel received, it has been confirmed that I have very strong grounds to set aside the CCJ.

I recently became aware of the CCJ via an email from my credit report agency on the 20th of July 2023, which I was previously unaware of, and I am deeply concerned about the situation. I have been made aware that the judgment amount is £2007 with the original debt being £1597, and that the CCJ was filed on June 22nd, 2023.

Before proceeding further, I want to clarify some pertinent information to aid in resolving this matter. From 1991, my primary and permanent address has been REDACTED. I have resided at this address, including the time when the original default occurred in February 2019 and this is where the claim forms should have been served. During my employment commitment from August 2021 to August 2022, I lived partly at REDACTED (English Address), for a very small window, where I worked in England under a hybrid work arrangement.

It is crucial to mention that I never provided REDACTED or any other party with the REDACTED (English Address), and I am uncertain how this address was linked to my credit report and the CCJ. As previously stated, my original address in Belfast has remained the same since 1991. However, if the English address was retrieved from the DVLA, I must clarify that this information was updated approximately 5 to 6 months ago when the Dutch driving agency returned my Northern Ireland driving license to the DVLA in February 2023. The purpose of this update was to indicate my current residence in the Netherlands, where I had been residing for six months at that time. Therefore, if the REDACTED (English Address) address was obtained from the DVLA, it was an incorrect and outdated record, as I have not lived at that address since August 2022.

I can provide concrete evidence to demonstrate that my REDACTED (N.Irish Address),, remains and has always been my valid address since 1990. Additionally, I can furnish proof that I relocated to the Netherlands and promptly contacted the DVLA to inform them that I no longer lived at the address in question.

On 24th July 2023, I took the initiative to contact Northampton County Business Services to obtain all the necessary documents related to the claim. I successfully received all the relevant documents on 25th July 2023.

Based on the evidence available, it is evident that the claim was not served to my provided address, as is the ‘usual or last known’ residence. Actions were taken to ascertain a new address, but they were conducted incorrectly, resulting in the claim being deemed not to have been served. This irregularity renders the CCJ invalid, and the court must set it aside accordingly.

Regarding the County Court Judgment (CCJ) that was filed against me, I am also querying whether the claim should have been submitted to a court in Northern Ireland, where my original address has been since 1990, rather than in England. As my primary and permanent residence has always been in REDACTED, Northern Ireland, and the default on the debt occurred while I resided in Northern Ireland, it raises questions as to the appropriate jurisdiction for this claim. I would appreciate clarification on this matter to ensure that the proper legal procedures were followed in the filing of the CCJ.

In light of these circumstances and the strong advice I have received, I have already submitted a SAR (25/07/2023), and kindly request that you provide me with any documents or evidence you possess that indicate the court papers were sent to the (REDACTED (English Address), and that the necessary checks were carried out before filing for the CCJ.

Furthermore, I reiterate my willingness to resolve this matter amicably and promptly. I am not seeking to avoid my financial obligations, but rather, I am eager to address this situation transparently and in a manner that ensures fairness and proper adherence to the legal process.

Furthermore, I have attached a draft consent order agreement to this letter, indicating my willingness to resolve this matter amicably and promptly. If REDACTED, wishes to proceed in this manner, I kindly request their cooperation in reviewing and considering the proposed agreement. This approach could potentially lead to a fair and mutually satisfactory resolution without the need for protracted legal proceedings. I remain open to engaging in constructive dialogue to find a resolution that upholds the principles of justice and fairness.

Given the urgency of this situation, I kindly request that you respond to this letter within seven (7) days of receipt. Should you fail to respond within this timeframe, I will proceed with my N244 application to the court to set aside the CCJ based on the information available to me.

Thank you for your attention to this matter. I await your prompt response.
______________

After further follow-up telephone calls where I never got to speak to anyone and their calls went unreturned, I sent this on the 7th day.
___________________________________

01/08/2023 - Follow up

I hope this email finds you well. Following our conversation yesterday, during which I was assured of a prompt response or callback, I am writing to kindly request an electronic copy of the Subject Access Request (SAR) documents that you mentioned were sent to my address. Having access to this information would prove beneficial as I am currently in the process of submitting the N244 form today, as previously communicated in my email dated 25/07/2023.

To date, I have not received any communication or documentation from REDACTED regarding the County Court Judgment (CCJ) in question, nor have I received any response to my previous request for information. I am concerned about the lack of correspondence, both in writing and via phone, since I discovered the existence of the CCJ.

To ensure the accuracy and completeness of my application to set aside the CCJ, it is crucial that I have access to the relevant SAR documents. These documents will assist the court in understanding the context and supporting my case effectively.

Additionally, I kindly ask for a decision on whether you intend to proceed with a consent order to set aside the CCJ. This determination will significantly impact the manner in which I submit my application, and it is essential for me to be aware of your position in this regard.

I understand the importance of a timely and accurate response, given the time-sensitive nature of this matter. Your cooperation in providing the requested SAR documents and decision regarding consent, at your earliest convenience would be greatly appreciated.

Thank you for your attention to this matter. I look forward to receiving the requested information promptly

_____________________________

I received this response finally late today. 01/08/2023..

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]

Apologies, there seems to be an issue with the forum and posting large messages. Can only see them when logged out.

[echat11]

O.K. update when they get back to you. But follow their complaints procedure if they don't respond to you within a reasonable time.

[moonsafari]

O.K. update when they get back to you. But follow their complaints procedure if they don't respond to you within a reasonable time.

I received this response finally late today. 01/08/2023..

____________________________________

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]

I received this response finally late today. 01/08/2023..
________________________________________

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]

I received this response finally late today. 01/08/2023..
___________

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.