CCJ court claim form received

[42man]

You seem to be doing fine so far JD...... - this might give a few pointers - (although bear in mind this was a statute barred debt) http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156502-registered-county-court-judgement.html

[jodenice]

i just need to find out what a draft order should be - I've not got the foggiest what I am supposed to be attaching!

 

I shall read that, thank you

 

I also need to figure out whether I am using a statement of case (my particulars of claim or defence) or written evidence on this form. Its the statement of case isn't it? He's buggered really, he hasn't really got a defence!

Edited May 6, 2009 by jodenice

[MARTIN3030]

For the fee remission if you have ticked any of the boxes in section 3 then you dont need to give detailed info-go straight to section 6.

You are correct in your thinking.

In the box which says what order are you applying for and why.....

 

An order to have the Judgement made in this case on XXXX set aside.

The reasons for this are as set out in the draft order attatched.

Alternatively you can add this by way of a witness statement.

[jodenice]

right I've done that then, I've said i want it set aside as I was not aware the court hearing would be held on the 22nd April and I did not have the opportunity to defend myself. and I've then indicated that further details are available in the witness statement box. thus removing the need for a draft order (hopefully).

 

He hasn't ticked any of the boxes in 3, he doesn't receive benefits, he works full time, but all of his spare money goes straight into a DMP, which if broken, will result in more cases from clients as the agreements will be broken. I don't think they will buy it but I will give it a go.

[MARTIN3030]

In this application to have Judgement set aside in this case,the defendant submits the following for the Courts consideration.

The defendant was under the impression from the claimants application,that a Stay of matters in this case had been applied for,which would allow 28 days for both parties to try to reach settlement amicably to resolve matters.

The defendant did indeed express their agreement to this in writing to the claimant,but received no response.

Additionally,the defendant was informed by the claimant that they could not supply documentation under the Consumer Credit Act requested by way of a letter in March 2009.

It was the defendants assumption that in the absence of the claimant filing documents to the Court,that the stay would be imposed and a hearing listed.

The defendant maintains therefore,that they were unaware that the date of 22th.April had been allocated for a hearing in this case.

The defendant will say that had this been known,an application to vacate this date would have been submitted to allow employers to make arrangements to cover my absence from work.

[MARTIN3030]

You can request no hearing,but the claimant has to be informed and agree.

I seriously would advise that you do ask for a hearing on this since it allows you to answer any questions the Judge may have-and put your case over.

But to be honest I think the Judge would only deal with this by a hearing anyway.

[jodenice]

what type of hearing should I go for? a telephone one? If I apply for no hearing, is the worst that can happen is he actually says no, you do need to have one? it won't get thrown out will it for daring to ask for them to take it on my evidence?

 

ps that paragraph you have written sounds way more professional than mine, thanks very much

Edited May 6, 2009 by jodenice

[jodenice]

Hi

 

The judge has granted a hearing to see about setting case aside. What can we expect (and can I go with him). Is it just the judge and the creditor. What will we need to do to get it back to dispute level? Will we need to take written evidence? i'm still not convinced we'll get it, seeing as we missed the original hearing through not really being sure about the date!

[supasnooper]

Have read of the link below -

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

Take ALL the necessary paperwork ( your defence, witness statements etc. and another 2 copies of it all........just in case the judge forgets/loses/spills something on your already submitted documents.

 

I would advise writing to the court asking if it would be okay to accompany your partner as a matter of courtesy.

It is up to the judge to make the decision as it is their court. The claimant may object but the Judges decision is final.

[jodenice]

ooh that is a really informative thread. I didn't realise that paying them via the CCCS guidelines (and continuing to keep paying them) would be looked on favourably. Shall i take all his stuff in re his CCCS budget? The reason he got into debt is because he is bi-polar and this all occurred before he was diagnosed. Can i use that?

 

I'm probably a bit ahead of myself really as i still need to persuade him to set it aside back to the dispute stage. The fault really is ours, through ignorance really, although I will be avoiding mentioning that.

 

So far he'll be saying

 

That due to a months stay in which he was encouraged to communicate with the creditors he made the assumption that the court case would also be moved back, therefore missing the opportunity to defend himself, despite putting in a written defence.

 

That he received a letter from the defendant saying they did not have an original copy of the credit agreement and that he thought this would also bring a delay about in the date (it said they were going to continue looking for it)

 

i know its just a court case, there are far worse things that could happen but I'm worried about looking stupid.

[supasnooper]

Mention in your letter to the Judge requesting permission to attend, the fact of your partner is bi-polar.

 

Have another read of Martin3030's earlier posts as there is some really good bits of info to use when in Court.

[supasnooper]

Just to add to the above post.

 

The Judge should take into account that your partner is a Litigant In Person and should try to guide the case in laymans terms, and if neccessary, explain anything that is not understood.

 

I do understand that nerves will creep in but hopefully you'll get a decent Judge who will be reasonable and calm down both of you.

 

Please do take along the CCCS paperwork as the majority of Judges do like to see people making the effort in trying sort out their finances.