CCJ Registering from England

[IdaInFife]

when did you send it?

[kaalmac]

Ida, I notice that the act mentions "consumer" in this case I am not a consumer, they are just trying to [problem] money back from me that I won in an employment tribunal, is this important?

[kaalmac]

sent it on 20/01/2010

[IdaInFife]

you are not a business are you?

[kaalmac]

no I am an ex employee

[kaalmac]

from 4 years ago appx

[kaalmac]

i have proof of my tribunal judgment and the award and subsequent proof of having to go to a court in england to enforce my award as they are above the law they thing. I won the second case too and now they have simply told the court that they overpaid my wages in an attempt to get thier money back. it`s a [problem] and a gross injustice

[kaalmac]

I have the letter ready to print off now but just want to double check if the "consumer" part should be left in?

 

Thanks

 

Kaalmac

[IdaInFife]

fine

[kaalmac]

Ok Ida, thank you so much for your time. I realise that you need to go to bed at some point and it must be exhausting for you. I will post this off tomorrow special delivery to the court clerk.

 

I hope you have a great weekend

 

Thank you

 

Kaalmac

 

Glenrothes

[IdaInFife]

you too

 

keep us updated

 

ida x

[kaalmac]

Hi There,

And a HUGE thank you for all your help so far.

 

I think I have good news?

 

I decided that I could not afford to go to England to defend my case so I wrote a HUGE letter to the court and sent evidence of 2 previous court rulings against them and adding the "jurisdiction" letter as well.

The case came to court today. I phoned the court at 3:30pm and spoke with a clerk.

She went away and came back with the judgement, commenting that "it is a very lengthy judgment" and that the application to set aside had been granted. I would recieve the judgment by 5 days time in which case I will be invited to have the case struck off by March 2nd ( for a fee ).

 

Am I dreaming as to what this means? Is it really good news?

 

Please can some one tell me what this might mean.

 

Many Many THANKS AGAIN:)

Kaalmac

[IdaInFife]

no you got it right

[24233513afw]

Congratulations Kaalmac.....I have read your thread with intent (I have just realised I think something similar has happened to us in 2008 (at the time my Father was terminally ill and everything was just going to pot)

 

Who better to guide you through it all......than oor Ida fae Fife she a guardian angel you couldn't ask for better. GOOD ON YOU IDA....

 

I now need to go and dig out some paper work that a company took us to court down south (Northamptonshire I think) got a CCJ asd we did admit to owing the money offered to pay £40.00 a month was refused by creditor the next thing we knew they had a inabition order put on pour house. Once they got inhibition order they accepted the £40 payment that we have been paying them for nearly 2 years now. Will try and give you a link to the thread once I get it up and running at weekend.

 

CONGRATULATIONS ONCE AGAIN

Cheers

AFW

Edited February 18, 2010 by 24233513afw
added another bit o' detail

[kaalmac]

Thank you:) I will update finally when I have everything confirmed and I will make a donation to the site.

 

Kaalmac

[kaalmac]

Hi Again,

 

Today I recieved this order from Barnsley County Court:

 

Before Deputy District Judge Rouine Etc:

 

IT IS ORDERED THAT:

 

1. The judgment dated 17 December 2009 be set aside

 

2. In the event that the Defendant wishes to apply to strike out all or part of the claim, Whether for jurisdictional reasons or otherwise, any suchapplication must have been issued out of Barnsley County Court by no later than 4.00pm 0n 2 March 2010. Any application to strike out must be made on form N244 and include the Defendant`s estimated length of hearing of the application. Any application to strike out must be supported by a statement of truth made by the Defendant and the Defendant must file and serve with any application to strike out copies of any and all documents on which he seeks to rely in support of the application..

 

3. ( not an option so no point in typing it )

 

4. No order as to the costs of application to set judgment aside.

 

Dated 16 February 2010.

 

I have down loaded the Form N244 to get sent off asap. On the form N244 at number "3. What order are you asking the court to make and why?"

 

What text should I put in that box?

 

Then at question number "10. What information will you be relying on, in support of your application?

* the attached witness statement

* the statement of case

* the evidence set out in the box below ( if necessary, please continue on a seperate sheet.

 

What are they looking for there?

 

I am so greatfull for your help so far and hopefully i`m nearly at the end. I appreciate that you all work so hard!

 

Thank you

 

Kaalmac

[Coactum]

Forgive me if I'm mistaken but was your request to set asside not simply that Barnsley County Court did not have Jurisdiction to pass this judgement in the first place. The way that this is worded look as if you are still in the applying to have it set asside phase, furthermore to appear will be costly yet point 4states that they will not order costs. This does not look quite like the good news we had hoped for you Kaalmac.

[Coactum]

sorry, I've just gone back in the thread and see that you were previously only granted application to set asside. I now see that this is a continuation of that process. Should have checked back first rather than rely on memory.

[supasnooper]

Ok, the Court has set aside the initial Judgment which takes you back to the stage where you can now defend the case.

The Judge has offered you their instructions if you wish to apply to strike out the claimants case and to use the official Court Form N244.

 

Do you have any Particulars of Claim for the latest case in the English Court for the claim of £2500 ?

What is the breakdown of the amount of £2500 claimed and does this relate to anything ?

[kaalmac]

There is no break down of the £2500, They were simply trying to get money from me in a very underhanded way. I successfully won £7000 from them at an employment tribunal here in Scotland and they simply did not agree with the original ruling and are trying to get money back from me in what i consider to be an ilegal move.

The judgment has been set aside and now I am being asked if i want to have thier claim struck of....

I just want to now the answers to the questions i asked.

Is it the jusridiction wording i need to put in that box?

[IdaInFife]

Thanks snoops,

 

Kaal, I asked snoops to look in to see what we need for the n244 as I am unfamiliar with them,

 

Ida x

[kaalmac]

Thanks Ida, I am currently filling the form in as it MUST go of tomorrow. I am working on the fact that it is the " Jurisdiction " text that needs to be quoted but what is foxing me that in this case I am not a consumer. so what alteration to the Jurisdiction text needs to be made?

 

Kaalmac

[IdaInFife]

you are still a 'consumer' as you are not a business.

 

Snoops, would the 'jurisdiction defense' go down as a statement of case or one of the others?

 

Ida x

[supasnooper]

I have down loaded the Form N244 to get sent off asap. On the form N244 at number "3. What order are you asking the court to make and why?"

 

What text should I put in that box?

 

It is here that you request that the case is struck out for the reasons that you list. (eg. Case has already been heard in Scotland). Keep it to the point here.

 

 

 

Then at question number "10. What information will you be relying on, in support of your application?

* the attached witness statement

* the statement of case

* the evidence set out in the box below ( if necessary, please continue on a seperate sheet.

 

What are they looking for there?

 

I'd do a Witness Statement which is done as a chronological statement of events detailing the events as they happened introducing the court cases and the orders made as exhibits.

Here is where you can expand your arguments.

 

Here's some useful links -

 

pt2537's guide to Witness Statement format

 

 

pt2537's guide to Witness Statement content

 

 

Witness Statement Exhibit Cover

 

I am so greatfull for your help so far and hopefully i`m nearly at the end. I appreciate that you all work so hard!

 

Thank you

 

Kaalmac

 

 

Hope this helps.

[muppetspotter]

kaalmac- you are not thie only one in this situation. On Friday my application to have a CCJ set aside was thrown out by a judge who did not accept the argument of jurisdiction despite paragraph 3 and depsite the judgment having been obtained by default as the case was never served on me in the first place.

 

2 previousl judges in England have thrown the claimant's claim out on jurisdiction but this latest ruling sets me back.

 

I now face a lengthy and expensive appeal with no gaurantee I will be able to claim my costs.

 

seems there is no justice - all I want is the opportunity to be heard in court - a court with jurisdiction

 

here's the details:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/249700-ccj-scotland-issue.html