Lending money to a friend.

[Consumer dude]

Sounds like it was a final hearing. Doesn't make any difference to your Charging Order but will make it more difficult for him.

 

What do you mean, doesn't make any difference to my charging order ?

[Ganymede]

What do you mean, doesn't make any difference to my charging order ?

 

It means exactly that.

[Consumer dude]

It means exactly that.

 

makes no difference in what sense ??

[Guest]

makes no difference in what sense ??

 

you have an int C/O, regardless of the 'type' of judgment.

the final c/o hearing is adjourned subject to the set aside application. if judgment is set aside, then no C/O for now.

[Consumer dude]

you have an int C/O, regardless of the 'type' of judgment.

the final c/o hearing is adjourned subject to the set aside application. if judgment is set aside, then no C/O.

 

Ok, but he needs to show why doesn't he why he deserves a set aside..

[Consumer dude]

I hope he don't get a set aside, I mean I produced all the evidence, he does nothing, waits till the last legal moment and frustrates proceedings..

[Ganymede]

Ok, but he needs to show why doesn't he why he deserves a set aside..

 

Yes he does.

 

It will be interesting if the Court considers a set aside appropriate or if it should be an appeal.

[Guest]

Ok, but he needs to show why doesn't he why he deserves a set aside..

 

absolutely, yes. as mentioned, they need to satisfy at least the cpr requirements for set aside of the judgment.

if not set aside, then your c/o likely to be final?

[Consumer dude]

absolutely, yes. as mentioned, they need to satisfy at least the cpr requirements for set aside of the judgment.

if not set aside, then your c/o likely to be final?

 

I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

[Guest]

I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

yes, i think so. presume you have objected to the set aside so there is now a hearing?

so, they will need to satisfy set aside requirements re the particular given judgment.

check with ganymede

[Consumer dude]

Is his witness statement his defence as well..

[Guest]

Is his witness statement his defence as well..

 

his ws shld be re the set a aside hearing. though aspects of it might also end up in a defence shld it be set aside.

[Consumer dude]

yes, i think so. presume you have objected to the set aside so there is now a hearing?

so, they will need to satisfy set aside re the particular given judgment.

check with ganymede

 

I am objecting to the set aside in the form of a witness statement which I understand needs to be sent to court and defendant at least seven days before the hearing. At the end of the day I've told the truth..

[AndyOrch]

I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

 

No...this is Small Claim Track...you will be in and out in 15 mins

[determindator]

15mins is a very limited time to get to the bottom of the accusation of the defendant claiming it's not his signature on the agreement. If he does concede it is his sig, surely the Court will have something to say about wasting time at the very least.

[Consumer dude]

His witness statement was signed by him self and a further signature by the person who helped him. Does my witness statement just need to include my statement of facts and need not include anyone else to witness it.

[Ganymede]

His witness statement was signed by him self and a further signature by the person who helped him. Does my witness statement just need to include my statement of facts and need not include anyone else to witness it.

 

Just your sig on your witness statement. .

 

His shouldn't really have been counter signed. It's a bit odd that it was.

[Ganymede]

15mins is a very limited time to get to the bottom of the accusation of the defendant claiming it's not his signature on the agreement. If he does concede it is his sig, surely the Court will have something to say about wasting time at the very least.

 

My concern is that without a report from a handwriting expert how will the Judge know if it's his signature or not?

[Consumer dude]

My concern is that without a report from a handwriting expert how will the Judge know if it's his signature or not?

 

In that case, would it be for the defendant at his own expense to prove the signature is not his and not for my self to prove otherwise. The judge after all has already found in my favour..

[steampowered]

If this is just a set aside hearing, there shouldn't be any decision made on whether or not it was his signature. The decision would only concern whether the existing CCJ should stand or whether the judge thinks he should be allowed to start again. At the set aside hearing you should emphasise the amount of time that has passed, that he had plenty of chance to file a defence and the cost/trouble you have already gone to trying to enforce. If you can paint the signature thing as a desperation argument rather than something serious that would help too.

 

If the judge thinks there is something in the signature point and a set aside is granted, he would then be able to file a defence and you'd go to a hearing down the track which would decide on the signature. If this happens you'd probably end up with a jointly appointed handwriting expert.

[Consumer dude]

I write in response to the witness statement of the defendant. I am (name) of (address)

 

A/ The defendant has claimed that he wishes the judgement entered on the 6th/JAN/2015 to be set aside and goes on to wish to defend this action and that no evidence has been supplied to how how the claim is made up.

On this issue I draw to the courts attention the paper work that I have supplied both to the court and to the defendant within the civil procedure rules and within the time and that I dispute the defendants claim on this issue.

 

B/ It is also stated by the defendant that the charging order be set aside as not served nor evvidence supplied.

On this issue, I again have presented all documents according to the rules to the defendant and within time limits and with that I also dispute the defendants claim on this issue.

 

C/ The defendant gave me absolute authority to operate his accounts, which included his current account and any credit cards in his name. So the allegation that he did not give me permission to use his credit cards in a way that would help to overall reduce his debts, I totally refute The defendant gave me absolute authority to operate these accounts.

 

D/ It is being claimed by the defendant, that the signature that he signed to confirm the amount that he owed me is not his signature. I (the claimant) state that this signature is the defendants signature and to which it was signed along side mine on (the date) at the defendant home address following my stay with him self and his family over the christmas period of 2012 and I am of the opinion that this is a desperate attempt to deny the truth and to further waste my time and the courts time..

 

E/ Further more the defendant has been aware for over two years of the claim against him and should he have had any concerns, he should have presented those concerns at the time either through mediation ( which he had turned down) or even to instuct someone one to speak on his behalf if he was not able to himself

 

F/ On the day before the hearing to decide the charging order application I received an application to set aside. I present to the court that that was an atempt by the defendant to delay and frustrate proccedings.The above is a summary of might be sent to the court and the defendant.

 

Any comments so far to this would be appreciated. Many thanks..

Edited June 15, 2015 by citizenB
formatting for easier reading

[Ganymede]

Numbered paragraphs.

 

Court heading.

 

Sign with a statement of truth.

[Consumer dude]

Court heading before the statement ?

[Consumer dude]

Had a few days off from this issue. I am now preparing a witness statement which I aim to send off both to him self and the court some time next week which will be within the time stated. The mere fact that from the order being given and his application to set aside has not been acted on promptly. Over four months from the date the order was given to the time of his application..

[Consumer dude]

No...this is Small Claim Track...you will be in and out in 15 mins

 

What will need to be established do you think at the set aside hearing. Am I to assume that the signature issue isn't an issue at this hearing ?