DEL backdoor CCJ for Surrey County Council car park??

[shilu28]

excellent DX, many thanks. I really appreciate your kind help by you and your colleagues.

Please do you know if the court accept electronically signed N244?

[AndyOrch]

excellent DX, many thanks. I really appreciate your kind help by you and your colleagues.

Please do you know if the court accept electronically signed N244?

 

Yes...and you can also make payment electronically.....well you can with Northampton MCOL ..you may have to check with your local County Court if they accept?

 

Andy

[dx100uk]

unknown

there was talk it could be done via mcol website recently by one user but I don't know what the truth was./is

[dx100uk]

opps crossed with andy

 

 

dx

[shilu28]

Thank you very much Andy.

What is MCOL?

And how will I know which is my local court? On the Claim form it states County Court Business Centre. At least, I didn't see local court info.

[ericsbrother]

MCOL= moneyclaim online. you have to read the stikkies and a few posts and the acronyms become clear.

You will have to choose a court near to you or that you can get to.

[shilu28]

Ok, thank you very much.

Really appreciate all your help in putting my defence together.

[shilu28]

Ericsbrother: Please would you like add/modify anything to post #50 from DX?

[ericsbrother]

merely add that the signage is prohibitive before the words no contract to consider.

- makes it easier to understand why this isnt a contract

[shilu28]

I wish you all at CAG a very happy, healthy and successful 2017.

[shilu28]

I have received a date to set aside the judgement. Unfortunately, it is Manchester. Please is there anyway, I can have it changed to a court in Surrey? Or to have a telephone conference?

[ericsbrother]

If you live in surrey you can ask for it to be transferred to your local court. It should have been there anyway.

[AndyOrch]

If you live in surrey you can ask for it to be transferred to your local court. It should have been there anyway.

 

It was a default judgment...never defended therefore never allocated or transferred to the defendants local County Court...you will have to make application to transfer it.

 

Andy

[shilu28]

Please can anybody help me prepare a defence for my case?

[AndyOrch]

Please can anybody help me prepare a defence for my case?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

[shilu28]

Thank you very much for the link Andy.

[shilu28]

Just to be clear, the date I received is for setting aside the CCJ and not the hearing. Is that correct?

[Oddfellow]

Assuming what you said in post 61 is correct, yes.

But it is still a hearing before a judge,

 

 

and in order to get it set aside, you WILL need to be able to demonstrate that,

had you been at the original hearing where the judgment was made,

your case would have had a "reasonable prospect of success".

 

 

That will reset things back to where they were before the original hearing,

and you can then start to present your case according to their timeline.

 

 

The judge MAY consider that their case is so flimsy and your defence so strong that it gets struck out,

but that is unlikely unless they choose not to follow the process.

 

 

HTH

[shilu28]

Dear HTH,

 

Many thanks for your reply and clarification.

 

So in the first hearing, I have to convince the judge why my case should be set aside and then there will be another date for hearing to actually defend my case.

[Oddfellow]

To the best of my knowledge, that is the process, yes. Others may be able to confirm.

 

 

Incidentally, HTH is modern-day short-hand for "Hope this helps", not my username. Sorry for using jargon.

[dx100uk]

if the judge allows the set aside

it will be like the CCJ's had never been issued

 

 

you will get a new court date etc etc

[shilu28]

Excellent, thank you very much for post no. 70 and 71.

[AndyOrch]

if the judge allows the set aside

it will be like the CCJ's had never been issued

 

 

you will get a new court date etc etc

 

Not always the case I would be submitting a defence before the hearing and serving a copy on the claimant (ideally you should have already submitted a brief defence with your set a side application).

 

Andy

[shilu28]

Do you mean submitting a brief defence before the set aside hearing? Should this be 'brief defence' be more detailed as outline in the Stickies forum 'How to deal with.......' post? If so, how would I submit such document?

I did submit brief of my defence on the N244 form.

[dx100uk]

what you submitted with the N244 should be ok

 

 

the rest comes MUCH later if they decide to restart the Claimforms process

 

 

they[the claimant] might not!