One case which slipped through the net was a case involving a judgment from 2014. The judgment had been entered because the Claimant issued a claim on an address which the Defendant owned, but crucially didnt live at and hadnt given as their address for service.
An application was made promptly, although our main thrust was under CPR 13.2 we wanted to be sure that we had the alternative argument under 13.3 and thus had to act promptly.
CPR rule 6.9(2) requires proceedings to be served on the Defendants last known residence. The Defendant had never resided at the address used to issue the Claim, nor had they ever given this address for the correspondence. The Claimant Marlin Limited had issued the Claim on the wrong address.
Worst still the pleadings were woeful, we couldnt work out what the Claim was about, we thought it was an account for X but it turned out to be an account for Y, Y being an overdraft.
The Claimant tried to resist our arguments about the fact that an overdraft was regulated by the CCA 1974, fortunately when the claim form arrived in our possession it was clear that no default notice had been pleaded and with the Doyle v PRA Group case fresh off the press it became clear that this claim was in big trouble, if the Default Judgment was set aside then the Claimant would get spanked in Court.
It seems the Claimant realised that their circa £15k CCJ was disappearing around the U bend, and they became a little more agreeable to setting aside the Judgment.
It shows that even if the Judgment is old, it can in certain circumstances be challenged and set aside.
The debt in this case is now irrecoverable.
I would add that had the creditor pursued the case, and had we managed to set aside the Judgment, then we would have pursued an action under s140A Consumer Credit Act 1974 for the return of all charges levied on the customers account, irrespective whether the creditor had actually received those funds. Surprisingly s140 does open the door for this type of challenge, and i have succeeded with this argument before in a case with Hoist Portfolio