Out of the country for an oral examination court hearing.

[nikkikitch]

I have an ongoing dispute about solicitors fees which ended with me receiving a ccj even though I have disputed the amount.

The ccj was served on an old address so I was never aware of it until last year.

The company has sent me a court order for an oral examination hearing but I am out of the country. They have told me very aggressively, I must attend or be arrested!

I'm moving out of my home and going abroad for 6 weeks for family reasons. Everything is booked in terms of flights and accommodation so I would lose a lot of money. Am I still expected to attend!? What will happen if I don't!?

[Ganymede]

You could send proof into the Court and ask the hearing date to be moved, otherwise the solicitors are correct that you could go to jail for failing to attend the hearing.

[nikkikitch]

You could send proof into the Court and ask the hearing date to be moved, otherwise the solicitors are correct that you could go to jail for failing to attend the hearing.

 

Ok so it's a valid reason not to attend as long as I provide proof?

[Ganymede]

Maybe.

 

It's at the discretion of the Court.

 

There's no guarantee the Judge will allow it to be moved.

[nikkikitch]

Well I can't rearrange my plans, there's no way. Other people have booked things based on me being there so I'm not wasting everyone's time and money. I only received notice last night and the hearing is on Tuesday, is there not some kind of minimum notice period?

[Ganymede]

When were you made aware of the CCJ?

 

What steps have you taken since? Are you applying to set aside the judgment?

[citizenB]

If the hearing is on Tuesday, when are you leaving the country ? You would need to deal with this today I would think and have a definitive response from the court, else I can see you being arrested on your return at the airport ?

[nikkikitch]

I was made aware of it in 2013 and have had an ongoing dispute with the company. Last year I applied for a set aside but due to an emergency couldn't attend. (Unfortunate I know!) I didn't hear anything more from the company until now, nearly a year later! Maybe stupidly on my part I haven't done anything about it in that time but it's not very fair that neither have they, then a year later I'm expected to jump!

[nikkikitch]

I'm leaving on Monday.

[citizenB]

As I say, you need to deal with this today then.. telephone the court at which the hearing is to be held and see what they can advise.

[nikkikitch]

Ok thanks. Seems very extreme that I could get arrested!

[nikkikitch]

I've read online that it should be served no less than 14 days before so I'm hoping it'll be ok!

[Ganymede]

If the hearing is on Tuesday, when are you leaving the country ? You would need to deal with this today I would think and have a definitive response from the court, else I can see you being arrested on your return at the airport ?

 

That won't happen.

[Ganymede]

I've read online that it should be served no less than 14 days before so I'm hoping it'll be ok!

 

Ok, so exactly when and how did you receive notice of the hearing? Was it personally served on you or just put in the post?

 

When did you book your holiday? If you were served in time would it have made a difference?

 

CPR 71.3(1) states "An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing."

[nikkikitch]

I received the notice last night, it was personally served at my home address. I booked the holiday around a month ago.

 

I have spoken to the court and they have told me to email them and it will be at the judges discretion. Hopefully the fact it wasn't served with 14 days notice will go In my favour.

 

I cannot afford to lose this money, plus I'm homeless as of Sunday! :/

[citizenB]

Let the court know of any forwarding address.

[nikkikitch]

I won't have one for a while!

[steampowered]

I would just add that, since you did not turn up to the set aside hearing and since that hearing was several months ago, it sounds like there is now no realistic chance of getting the CCJ overturned. You will have to pay and, if you cannot afford to pay, should try and set up a payment arrangement with the creditor.