He should have struck the claim out if they didn't attend....anyway yes we can prepare a witness statement nearer the date..in the meantime gather your affidavit etc although I really dont see how this has any bearing on the claim now that it is proceeding has normal......your witness statement should be covering the actual dispute...not your residential history.

Andy

He said that in his opinion I do have a reasonable chance of defence given the pre defence I filed as per your suggestion.

he then went on to say that just because they hadn't attended did not mean it would automatically be struck out.

he wants me to provide a witness statement and init to cover the period I was away from the home. inc any exhibits.

he gave me until the 11th august to provide this

gave motortrades until the 25th for their witness statements and evidence,

he also asked for the first possible hearing after the 1st of september

Sounds promising busby...given that they did not attend today I doubt very much you will receive a witness statement from them...but one sure thing is you will not be serving a copy on the claimant given that they have a 14 day advantage....

Witness statements are suppose to be filed and served simultaneously...as not to give either party any advantage.

so am I right in thinking we submit it to the courts as ordered and then serve one to them later on?

so am I right in thinking we submit it to the courts as ordered and then serve one to them later on?

was speaking with my landlord about this and it was in fact approx. a month I was away from the house during the works not the two weeks I had thought.

suppose time flies when your having fun.

I have drafted a witness statement Andy (sorry got impatient as otherwise I forget).

what you think?

I, ***************** of ******************** will say as follows:-

1. I am the defendant in this case.

2. I make this Witness Statement in support of my application to set aside the judgement.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. On 7th November 2012 I received a call from a sales advisor from motortrades.co.uk up until this call I had never heard of this company.

He explained they provide internet advertising for the motor trade.

He said would I be interested in having an advert on their website, I explained to him that at the time the business was only 3 months old my advertising budget wasn’t that healthy. He stated that a rough costing was between £150 - £350 depending on coverage I wanted and the artwork I wanted on the advert.

He then stated if I was interested motortrades.co.uk would prepare a draft template, once I was happy with this I would then confirm my order and full costing would then be confirmed. I confirmed I would be interested but this would be subject to final costing. He then said that’s great I will get someone from the web team to call you back to go through the template and send you an e-sign agreement.

5. Roughly 2 hours later I received a further call from the web team,

Taking full details of what the business is and what it does, contact details etc,

before He sent me an e-sign agreement I confirmed once again that this was for permission to prepare a template advert,

he confirmed this and sent the e-signed agreement whilst I was on the phone,

he stated if I could sign it whilst he was on the phone

he could then send it to the design department for them to get started straight away.

I signed it as requested and left it with them.

6. I received an email invoice on 14th November 2012 for an amount of £365+ vat.

I immediately replied to this email and stated I had never agreed to place an order,

I simply agreed to have a template drawn up and why would I agree to an advert I hadn’t seen for my new business.

I received a response a few hours after stating the e-signed document was in fact a contract for them to supply internet advertising.

I had a phone call with a customer service rep at this point explained everything that had happened and was assured it would be looked into.

I stated if they care to listen to the original call they would hear me say that I couldn’t agree to a contract until I had saw the template and had full costing as my business was in its infancy and as such advertising budget was low.

I also pointed out up until this point I had not received any template of my advert as I had been originally promised.

7. On the 30th November 2012 I sent a complaint email to the Chief Executive’s office and stated all the above.

Also stated I had never agreed to purchase any advertising and how could I agree to a bill when no full price was given.

I had this emailed responded to 31st November 2012 with a simple reply stating they would look into this matter and reply once this had been carried out.

8. The next I hear of this matter is 9th April 2017, whilst looking into the possibility of a mortgage

the bank preformed a soft search as to not affect my credit file until we knew the possibility of success.

During this it came up I had 2 CCJ’s.

1 I knew about and was in the process of sorting out with the claimant and was a genuine mistake on my behalf.

However the 2nd (this being it) I had no clue about.

I then sent a letter to Northampton bulk centre 16th April 2017 asking for more information on this CCJ.

I was sent a few bits of paperwork and after reviewing them remembered what this was all about and after taking some advise I sent a set aside application.

8: During reading the documents I noted that at the time of the SERVING of the papers I was in fact not at my home address of *************, as there had been extensive building works going on at the home and having a newborn baby moved into my mother’s home whilst this was carried out.

I have attached a Affidavit from my mother (exhibit 1) and also affidavit from my landlord confirming building works had been carried out between 1st December 2012 and 2nd January 2013 (exhibit 2). This was my basis of applying for the set aside, also giving me an option of defending the claim against me.

Statement of Truth I believe the facts stated within this Witness Statement to be true and Exhibits comprising of 2 pages.

Dated this 28th day of July 2017

****************

Hey no need for apologies Busby.....delighted your keen to get started

By the looks of the above you have edited it. Looks to professional to be done be me lol.

If so thanks. So would you say to send the above in once I have those affadvit to hand?

Obviously leaving the claimants to a few days before there deadline.

simply added line spacing .

dx

By the looks of the above you have edited it. Looks to professional to be done be me lol.

If so thanks. So would you say to send the above in once I have those affadvit to hand?

Obviously leaving the claimants to a few days before there deadline.

I have not read it properly yet

so am I right in thinking we submit it to the courts as ordered and then serve one to them later on?

Wait until the Court Order comes in the post and double check the wording.

If it says "file and serve" your witness statement you'll have to send it to the other side at the same time as the Court.

Wait until the Court Order comes in the post and double check the wording.

 

If it says "file and serve" your witness statement you'll have to send it to the other side at the same time as the Court.

But only if the dates are the same

you had chance to give it the once over yet Andy?

soon as the actual order from the judge turns up Ill upload it.

also I am typing the affadvit up for my mother (she is not computer literate), basically was wondering what or how should I put the wording. this is what I have come up with.

1. I am the mother of the defendant Mr ******** *********

2. on 30th November 2012 the defendant his wife and children came to stay with myself and partner due to extensive building works being carried out to their rental property.

3. the defendant returned to his property 2nd January 2013 after all the work was completed.

Statement of truth

Statement of Truth I believe the facts stated within this Affadvit to be true.

In the XXXXX County Court

Claim number xxxxxxxxx

Claimant v

Defendant

1.I, ***************** of ******************** the defendant in this case will state as follows:-

2. I make this Witness Statement in support of my application to set aside the judgement which was heard at the XXXXXXX County Court on xxxxxxx.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. On 7th November 2012 I received a call from a sales adviser from motortrades.co.uk up until this call I had never heard of this company.

He explained they provide internet advertising for the motor trade.

He said would I be interested in having an advert on their website, I explained to him that at the time the business was only 3 months old my advertising budget wasn’t that healthy. He stated that a rough costing was between £150 - £350 depending on coverage I wanted and the artwork I wanted on the advert.

He further stated if I was interested motortrades.co.uk would prepare a draft template, once I was happy with this I would then confirm my order and full costing would then be confirmed. I confirmed I would be interested but this would be subject to final costing. The claimant then stated he would get someone from the web team to call me back to go through the template and send you an e-sign agreement.

5. Around about 2 hours later I received a further call from the web team, Taking full details of what the business is and what it does, contact details etc., before he sent me an e-sign agreement. I confirmed once again that this was for permission to prepare a template advert, he confirmed this and sent the e-signed agreement whilst I was on the phone.

He stated if I could sign it whilst he was on the phone he could then send it to the design department for them to get started straight away. Therefore I duly signed it as requested and left it with them.

6. I received an email invoice on 14th November 2012 for an amount of £365+ vat. I immediately replied to this email and stated I had never agreed to place an order,

I simply agreed to have a template drawn up and why would I agree to an advert I hadn’t seen for my new business?

7. I received a response a few hours after stating the e-signed document was in fact a contract for them to supply internet advertising. I had a phone call with a customer service rep at this point explained everything that had happened and was assured it would be looked into.

I stated if they care to listen to the original call they would hear me say that I couldn’t agree to a contract until I had saw the template and had full costing as my business was in its infancy and as such advertising budget was low. I also pointed out up until this point I had not received any template of my advert as I had been originally promised.

8. On the 30th November 2012 I sent a complaint email to the Chief Executive’s office and stated all the above. Also stated I had never agreed to purchase any advertising and how could I agree to a bill when no full price was given. Conformation of receipt of my email on the 31st November 2012 with a simple reply stating they would look into this matter and reply once this had been carried out.

It is my contention that the claimant has not complied with the Distant Selling Regulations (DSR,s)

The Consumer Protection (Distance Selling) Regulations states:-

• must be given clear information about the goods or services before you buy. This is called pre-purchase information

• must receive written information after you have bought the goods or services

• have a right to cancel your order within a seven day cooling-off period

• can get a refund if items aren’t delivered on the agreed delivery date. If no delivery date is given, you can get a refund if items aren’t delivered within 30 days of placing your order

When buying at a distance you also have the same legal rights as you would if buying in a shop under the Sale of Goods Act and the Supply of Goods and Services Act.

9. On the 9th April 2017, whilst looking into the possibility of a mortgage the bank preformed a soft search as to not affect my credit file until we knew the possibility of success.

During the search it revealed I had two Judgments registered against me. One which I knew about and was in the process of sorting out with the claimant which was a genuine mistake on my behalf. However the 2nd (this being it) I had no knowledge of.

I sent a letter to Northampton County Court Bulk Centre 16th April 2017 asking for more information on this Judgment. I was sent a few bits of paperwork and after reviewing them I recalled what this was all about and after taking some advice I made an application a set aside.

10. Having reviewed the documents I noted that at the time of service of the papers I was in fact not in residence at my home address of *************, as there had been extensive building works being undertaken at the home and having a new born baby moved into my mother’s home whilst this was carried out. (See exhibit 1 Affidavit)

I have attached an Affidavit from my mother (exhibit 1) and also an affidavit from my landlord confirming building works had been carried out between 1st December 2012 and 2nd January 2013 (exhibit 2).

I have attached a copy of the e-agreement as provided by the claimant (exhibit3)

It is therefore respectfully requested that the court set a side this judgment and allow a defence to be submitted as I believe that this claim can successfully be defended.

Statement of Truth I believe the facts stated within this Witness Statement to be true and Exhibits comprising of 2 pages.

Dated this 31st day of July 2017

thanks Andy

just saw this had a mad few days at work 13hr shifts.

also Andy did you have chance to look at the affadvit for my moms affadvit as I genuinely don't know the best way to set it out etc.

also Andy did you have chance to look at the affadvit for my moms affadvit as I genuinely don't know the best way to set it out etc.

Yes that fine...not much more you can add really

brilliant mate thank you.

Hi

had a hearing at 2.35pm. Set aside granted.

judge asked me to resubmit the n9 defence form,

then directions questionnaire will be issued.

at a loss now though.

I understand the n9 is refill in a fresh n9 with the details already submitted then date and sign it.

however not sure what the directions questionnaire is or what happens from here on.

also how long does a CCJ take to remove after a set aside is granted?

You can submit your defence on an A4...the n9 only allows 2 sentences.

Simply modify post #64 into a defence..

Directions Questionnaires are used to allocate the claim to track and for the court to issue further directions...the court will send one if the claimant wishes to proceed.

With regards to the registration of the CCJ..it will only be removed if you successfully defend the claim.

Andy

OK, a little spanner in the works here.

I looked up the company, Motortrades Limited, the claimant.

They dont exist anymore. They changed their name on 22md July 2013 to Quadriga Media Enterprises

This company then was struck of liquidated on 25th January 2017

There doesnt look like anyone you owe the money too?

I did ask the judge as found out a few weeks ago they had gone bust.

Asked him what happens when they don't reply to the directions questionnaire as all the info I can find states it would be struck out as they had not complied with the court.

However as I expected he was unable to advise on the matter due to having to stay impartial.

Andy would you know what's likely to happen when they don't reply to the directions questionnaire

There is no entity to pay.

Its as if the claimant has gone to space

(A little extreme I know but its not like a person dying where the estate could still lay claim).

I would follow the directions until the point that their claim is struck out for non compliance.

I did ask the judge as found out a few weeks ago they had gone bust.

 

Asked him what happens when they don't reply to the directions questionnaire as all the info I can find states it would be struck out as they had not complied with the court.

 

However as I expected he was unable to advise on the matter due to having to stay impartial.

 

Andy would you know what's likely to happen when they don't reply to the directions questionnaire

The court imposes a general sanction on the party that has not complied...this can either be an " or Else Order " or even a strike out of the claim/defence...have you checked MCOL recently...it will be listed in the status if a party has had a general sanction imposed.

andy I haven't checked mcol as date for me to return the N9 was the 25th sept however this was filed last night.

I assume you posted it...so you cant use MCOL in any case