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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CCJ Help Required - Court Date 28th Feb!

moonstar1981

By moonstar1981
in Financial Legal Issues

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moonstar1981

moonstar1981

Posted
Posted

Hi there,

 

I'm in need of some urgent help with regards to a defence on a CCJ claim.

 

The background of the story is that I was living abroad for a few years and upon returning found a CCJ on my credit file. Upon further investigation it came clear where this came from. It was done through someone who I lived with for only 3 weeks and they did it through money claim online. They claimed £3.4k and that I'd lived with them for 5 months despite never signing any tenancy (which I would have had to do if I wanted to move into this place) etc etc. They claimed bills, rent etc.

 

Anyway, after some advice on here, I submitted form N244 to get the judgment set aside on the following reasons:

 

1. I was not able to enter a defence due to not being in the country

2. Based on the evidence I supplied - tenancy agreement stating I was living elsewhere during her claimed timeframe, also an email from her where stating that I could live in the flat with her for a trial period (etc etc).

 

Anyway, I've received 2 court letters this past week:

 

1. "General Form of Judgement or Order" - States that it is ordered that... The defendant shall by 21/2/13 file at court and serve on the claimant a draft of his defence....

 

2. "Notice of Hearing" - states the time and place and when I should attend.

 

My problem is that the hearing is on 28th Feb, and I work and live in London during the week. I've asked my boss for the time off and he can't give it.

 

Can you advise on what my next steps are? I submitted all my evidence with my forms N244. I don't believe the claimant will show as it's the other end of the country for them to attend.

 

Any help would be really helpful.

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AndyOrch

AndyOrch

Posted
Posted

First step would be to make application to get the claim transferred to your local County Court...then submit your defence as per the General Form of Judgment/Order.

 

Regards

 

Andy

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moonstar1981

moonstar1981

Posted
  • Author
Posted
First step would be to make application to get the claim transferred to your local County Court...then submit your defence as per the General Form of Judgment/Order.

 

Regards

 

Andy

 

Hi andy

 

This is at my local court - but I can't attend the hearing date they have given. I don't have any extra evidence as I've submitted it all with my n244. Could I write to them explains that I am unable to attend and have disclosed all my evidence?

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AndyOrch

AndyOrch

Posted
Posted

I would advocate that you attend if possible as defendant otherwise the Claimant will gain the upper hand.

 

By transfer I mean to London where you live and work during the week.It is possible to conduct the claim in your abcence providing you make the Court aware of your difficulties to attend....but as the saying goes if your not there to watch your corner then decisions could be made that may not be in your interest.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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moonstar1981

moonstar1981

Posted
  • Author
Posted
I would advocate that you attend if possible as defendant otherwise the Claimant will gain the upper hand.

 

By transfer I mean to London where you live and work during the week.It is possible to conduct the claim in your abcence providing you make the Court aware of your difficulties to attend....but as the saying goes if your not there to watch your corner then decisions could be made that may not be in your interest.

 

Regards

 

Andy

 

I'm hoping that someone can now help me as to where to go with this? After submitting my n244 with reasons for the ccj to be set aside and providing evidence with it I've now been informed by the court that I failed to provide evidence? How can this be when I have already submitted all my evidence with my form n244. This means that the judge has rejected this to be set aside on the basis that I fails to provide evidence dated from there letter to me with the hearing. I explained that I had provided all evidence with my form n244.

 

What are my options now? Please can someone advise as to what I can do? I just don't want to give in when this is totally unfair :(

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Guest

Guest

Posted
Posted (edited)

did you also send a copy draft defence to the claimant by that date as ordered?

did you request an adjournment/transfer? unless adjourned/transferred with new date, can go ahead in absence, j to take into account. seems like then j decided in consideration of what was before it no set aside. unless perhaps there was an admin error on their part and j didn't get some info etc? what exactly was the formal notification decision sent to you?

give andy a shout?

Edited by Ford
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AndyOrch

AndyOrch

Posted
Posted

I already forewarned the outcome in post# 5...Moonstar & Ford.

 

Andy

We could do with some help from you.

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moonstar1981

moonstar1981

Posted
  • Author
Posted
did you also send a copy draft defence to the claimant by that date as ordered?

did you request an adjournment/transfer? unless adjourned/transferred with new date, can go ahead in absence, j to take into account. seems like j decided in consideration of what was before it no set aside. unless perhaps there was a procedural error and j didn't get the n244 etc? what exactly was the formal notification decision sent to you?

give andy a shout?

 

The court just stated that it was a no to set aside based on that I did not supply evidence by the given date. This is what doesn't make sense to me as all my evidence was supplied with form N244 and also I sent in evidence again before the date they gave.

 

What should be my next steps here on? I ask in that my evidence is very clear and should put this CCJ to bed, that's what is so frustrating. I have a case and a clear one at that. :(

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Guest

Guest

Posted
Posted
I already forewarned the outcome in post# 5...Moonstar & Ford.

 

Andy

 

i know :) just enquiring whether order, and advice were followed?

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Guest

Guest

Posted
Posted
The court just stated that it was a no to set aside based on that I did not supply evidence by the given date. This is what doesn't make sense to me as all my evidence was supplied with form N244 and also I sent in evidence again before the date they gave.

 

What should be my next steps here on? I ask in that my evidence is very clear and should put this CCJ to bed, that's what is so frustrating. I have a case and a clear one at that. :(

 

but did you also send a draft defence to the claimant by the date as ordered? always comply with court orders.

also, you didn't attend or request adjournment/transfer as advised. seems not much can do unless anyone else has any suggestions?

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moonstar1981

moonstar1981

Posted
  • Author
Posted
but did you also send a draft defence to the claimant by the date as ordered? always comply with court orders.

also, you didn't attend or request adjournment/transfer as advised. seems not much can do unless anyone else has any suggestions?

 

Hi,

 

It didn't state that I had to submit a draft defence to the claimant? Only submit my defence to the court? I don't have the claimants details other than her name.

 

I didn't attend but wrote a letter in advising my reasons for not being able to attend. I didn't ask for a adjournment as I didn't feel the need on the basis that my evidence submitted was satisfactory.

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Guest

Guest

Posted
Posted
Hi,

 

It didn't state that I had to submit a draft defence to the claimant? Only submit my defence to the court? I don't have the claimants details other than her name.

 

.........

 

your post #1

1. "General Form of Judgement or Order" - States that it is ordered that... The

defendant shall by 21/2/13 file at court and serve on the claimant a draft of

his defence....

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moonstar1981

moonstar1981

Posted
  • Author
Posted
your post #1

 

Thanks - I know this but I only had the persons name and no address? It was impossible for me to serve on the claimant my defence? I was in Australia when this was originally served to me and received no documents to my home address.

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Guest

Guest

Posted
Posted (edited)

you became aware of the order prior to the dates on it? am sure a quick call to the court could've established the claimants address? otherwise should've been explained on form, or prior.

failure to comply with a court order generally goes against. maybe the j took that into account in decision.

can only suggest atm, contact court and double check that all your 'evidence'/draft defence etc was received and so was before the J in his decision. take it from there.

Edited by Ford
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Guest

Guest

Posted
Posted (edited)

but you were aware of the order in time prior to the deadline/hearing on it.

anyway, yes see what the court says.

Edited by Ford
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