CCJ Help Required - Court Date 28th Feb!

[moonstar1981]

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.

 

Morning

 

Ok so spoke with the court today! It seems the judge had my form N244 and evidence with this but not my draft defence. As this wasn't there it was struck out, I did send it in but not recorded mail or anything. The court have advised me to submit form N244 to them again with there £80 fee. I guess I will do this again and send a draft defence through recorded mail this time (learn from your mistakes)

[Guest]

Morning

 

.....It seems the judge had my form N244 and evidence with this but not my draft defence. As this wasn't there it was struck out, .......

 

that's what i was getting at re the order . hopefully, the J will reconsider things. if so, do comply with any court orders, and attend.

Edited March 8, 2013 by Ford

[moonstar1981]

Hi there,

 

Ok so I've been through form N244 again now and it's been submitted. I've received back a notice of hearing application on this. I emailed the court to ask if I needed to serve a draft defence and they said " it would seem appropriate to now file and serve a copy of your draft defence."

 

Can you help me as to what I put in my draft defence? Is it all the information/evidence I've put with my N244? Also do I send this to the court and also the claimant?

 

Thanks

[Guest]

what does the notice say? is there any order/directions with the notice? when is the hearing?

a defence would address their particulars of claim, and anything else relevant. the application is why should be set aside.

note, if ccj set aside then will continue as norm from their initial claim.

one of the poss reasons for consideration re setting aside is re a poss valid defence, hence prob why a draft defence was ordered in the first place.

Edited April 19, 2013 by Ford

[moonstar1981]

The notice says

"The hearing of the defendents application (see attached copy) will take place at..........."

 

That's it, I emailed the court as last time they asked me to serve a draft defence and I missed there deadline. This time they said it would be reasonable to do so and submit one.

 

So Shall I just submit all my evidence and a letter to the court and the claimant stating "Draft Defence"????

[moonstar1981]

title of notice is "Notice of hearing of application" it's on the 8th may

[AndyOrch]

The notice says

"The hearing of the defendents application (see attached copy) will take place at..........."

 

That's it, I emailed the court as last time they asked me to serve a draft defence and I missed there deadline. This time they said it would be reasonable to do so and submit one.

 

So Shall I just submit all my evidence and a letter to the court and the claimant stating "Draft Defence"????

 

title of notice is "Notice of hearing of application" it's on the 8th may

 

Yes and send a copy to the claimant.

 

Regards

 

Andy

[moonstar1981]

Thanks - I'll get this done today and then hopefully come 8th May will finally see an end to this nonsense!

 

Thank you!

Yes and send a copy to the claimant.

 

Regards

 

Andy

[AndyOrch]

It should be served not less than 7 days pre hearing.

[moonstar1981]

Good Evening,

 

I thought it best I post an update after my court hearing today.

 

Some great news is that the Judge struck out/set aside my CCJ today! Massive relief and finally got there after applications. The one thing I will highlight to anyone is that iuf you are trying to get a CCJ set aside you should do so as quickly as possible to the date that it was made. I only say this as mine was 3 years from when it was made but I was living in Australia and somehow the judge was on my side and also the claimant did not show up. She did say that if the claimant had showed up it could have proved more difficult. It was also noted that she said I definitely had a case to submit a defence and in being successful to. These 2 key points are critical in any application to set aside a CCJ.

 

From what I understand now the judge said that within 10 weeks I may have to attend a mediation hearing with the defendant. Do I have to do this if I enter a defence which I genuinely believe would fend the claimant off? This stems from proof that I was not living at the location she claimed that I was. I'm not entirely sure on what the next steps are?

 

Any help or suggestions on this please? Could I contact the Credit agencies to inform them of this as well?

[Guest]

claim will reset and continue as from the beginning, if continued. so, you'll now have the chance to submit a defence etc

mediation after the allocation stage.

Edited May 8, 2013 by Ford

[moonstar1981]

claim will reset and continue as from the beginning, if continued. so, you'll now have the chance to submit a defence etc

mediation after the allocation stage.

 

Thanks for this - As this is a personal matter in respect to money owed that the Claimant is saying I owed them and was from September 2006-December 2006 would this now constitute that this debt would be statue barred? I just wondered if this was a possible scenairio I could use for this? I do feel I have the necessary sufficient evidence and the judge commented that was one of the reasons she set aside the current CCJ was that she felt I had a good case to defend myself.

 

Any help would be greatly appreicatted

[moonstar1981]

Morning,

 

I thought it best to update where I am at now with this after receiving confirmation from the courts yesterday/

 

First Letter:

 

General form of judgment order

It is ordered that .....the judgment dated.... be and is hereby set aside.

 

Great....

 

Second Letter

 

Notice of Allocation to the small Claims Track (hearing)

 

Judge has allocated the claim to the small claims track. The hearing will take place on 26 July 2013.....at....and should take no longer than 1 hour.... A hearing fee of £325 is payable by 24 May 2013 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.

If a party to the claim fails to attend the hearing or to make written representation then his or her claim/defence may be struck out and judgement entered for the opposing party. The parties.....has encourage the parties to, attempt to resolve the dispute by engaging in mediation via the small claims mediation service.....

 

THIRD LETTER is from the Civil Mediation Office and that mediation is a free service.....to try and settle the dispute outside of court....is usually held over the telephone...lasts 1 hour.....is voluntary.....Please get in touch by 17th May if you wish to pursue mediation,...

 

OK SO:

 

After reading through everything I'm left wondering where I stand and what to do next! Looking at some of the previous replies, I genuinely believe that under the limitation act this is now statue barred but not sure how I would approach that to this case, this happened in August 2006-December 2006? Could I get this struck out solely based on this?

Also the judge commented that based upon my evidence I have a great chance of winning my defence (I have council tax bills which clearly state that I did not live at the address during the time the claimant has claimed for).

The £375 hearing fee the claimant has to pay, I'm not sure (50/50) as to whether they would actually pay this so I'm wondering if I wait until the date that it states on the letter that this amount is due 24th May and call the court after this date to see whether the claimant has paid this amount?

 

I do have a contact email for the claimant but last time I tried to speak with them on email (when I first found out about this CCJ) they just said that I wouldn't get it set aside and I didn't have a case - deluded!?

 

Any help or advice on this matter is greatly appreciated. I just need to see the back of this.

[moonstar1981]

Also

 

Section 5 (link) of the Limitation Act 1980 states:

 

 

It's badly worded - it should state that the action may only be commenced or first brought within the limitation period.

 

So, in my considered opinion, she could still sue but she would have to do so in a timely manner; I would not have considered it fair or reasonable for the effect of the judgement being set aside to give her another six years in which to decide.

An action founded

 

Could I now claim this as it was from 2006?

[Guest]

from your application and draft defence submitted then, judge ordered set aside and directed allocation with mediation. and ordered the allocation fee be paid by 24 may. claimant would've been notified of all this.

so, if they don't pay the fee then hearing will be vacated.

did you mention statute bar in your defence? if not, may need to get permission/agreement to amend defence? if it continues. when was the original claim date again? as you posted there, set aside would not ordinarily reset the bar clock. is that what the judge said? do you have a transcript of that?

mediation is def something to consider as directed, which needs to be decided on by 17 may.

check with andy.

Edited May 14, 2013 by Ford

[moonstar1981]

from your application and draft defence submitted then, judge ordered set aside and directed allocation with mediation. And ordered the allocation fee be paid by 24 may. Claimant would've been notified of all this.

So, if they don't pay the fee then hearing will be vacated.

 

Did you mention statute bar in your defence? If not, may need to get permission/agreement to amend defence? If it continues. When was the original claim date again? As you posted there, set aside would not ordinarily reset the bar clock. Is that what the judge said? Do you have a transcript of that?

Mediation is def something to consider as directed, which needs to be decided on by 17 may.

Check with andy.

 

Ok, it's quite a hefty amount. I have contacted the mediation today to say i would happily take part in the process. I'm 50/50 on whether the claimant will pay the substantial hearing fee but i guess it's just waiting until this date is passed and contacting the court to ask them if the claimant has paid this?

 

no i didn't mention it in my defence. I didn't realise this might be a possibility until end of last week. As it's gone back to the beginning of the process, i will have to lodge a defence again if the hearing goes ahead 2 weeks before. The original claim date was aug-dec 2006, the ccj was entered on march 2010. I guess i'm asking if it applies now the claim is back to it's original beginning? As it would be statue bared 2012? Judge didn't mention anything about statue bar.

 

I'm genuinely really not sure whether the claimant will go ahead with this but i guess you never know.

 

Also i've check trust online today and the ccj has been removed from them. How long does it normally take the credit reference agencies to also implement changes to your credit file?

[Guest]

have you been given the opp by the Judge to submit a further defence? (allocation is usually after a defence and reply. had thought J directed in the circumstances allocation etc given your draft defence?)

yes, it would be for the claimant to decide whether to pay the fee now and continue.

how come there is 4 years between issue of claim and ccj? when was the original court claim issued? and when was the last payment or acknowledgment if any before that? and, when was the alleged cause of action?

Edited May 14, 2013 by Ford

[moonstar1981]

have you been given the opp by the Judge to submit a further defence? (allocation is usually after a defence and reply. had thought J directed in the circumstances allocation etc given your draft defence?)

yes, it would be for the claimant to decide whether to pay the fee now and continue.

how come there is 4 years between issue of claim and ccj? when was the original court claim issued? and when was the last payment or acknowledgment before that?

 

no my mistake i believe they have the defence i submitted - not sure if i can add to defence or not?

 

I don't know why there are four years, we had some communication for a few months after this where she was trying to extract money from me but I left it thinking it had gone away and then in March 2010 a CCJ was entered against me while I was away. court claim was issued in Jan 2010 and CCJ submitted March 2010. Before that the last payment was August 2006 when I originally left the property after a few weeks of living there! I never signed any contract, never signed any tenancy (the flat was run by a housing company owner). I have an email stating the first month was free. I decided not to go ahead and left. I have council tax bills that state I lived elsewhere during the period of Sept-Dec 2006 where she claimed i lived at the property. I believe all she has in her defence are emails from me stating things but I have a feeling these could possibly be fabricated.

[moonstar1981]

Also i've check trust online today and the ccj has been removed from them. How long does it normally take the credit reference agencies to also implement changes to your credit file?

[Guest]

ok, so is not likely to be statute barred as you made a payment in 8/06 and the original claim was 1/10. unless it goes from 06 to now?

unless there is anything else to it, would be relying on defence already submitted which J said might have grounds for success? as said, if you do need to amend anything, you may need to get permission/agreement. check this with andyorrch.

not sure how long it takes. if they don't remove it, could submit an official notice of correction to correct things.

Edited May 15, 2013 by Ford