DEL backdoor CCJ for Surrey County Council car park??

[shilu28]

Ok, thank you very much for the clarification.

The case is going to be in claimant region, please can I have it moved to court venue suitable for me?

[AndyOrch]

Ok, thank you very much for the clarification.

The case is going to be in claimant region, please can I have it moved to court venue suitable for me?

 

Yes I have already explained the process here on the thread and by PM

 

Andy

[shilu28]

Good morning, please can anybody help me with providing a valid and acceptable reason for transferring my case to a local court?

[AndyOrch]

Good morning, please can anybody help me with providing a valid and acceptable reason for transferring my case to a local court?

 

You are the defendant LIP...all claims are heard in the defendants local county court.

 

andy

[shilu28]

Thank you for the quick reply. Please what does LIP stand for?

 

Sorry i have found the answer to my question about LIP.

 

Please is it normal that I will be charged another GBP255 to transfer my case to a local court?

Is there a way round this?

[ericsbrother]

that is not for transferring it to your local court, that is to have it consideredat a hearing. It is cheaper to have it considered on the papers but you will never get across much of what you can in person, including whetehr the judge thinks your account is an honest one by looking at your body language.

[AndyOrch]

Please is it normal that I will be charged another GBP255 to transfer my case to a local court?

Is there a way round this?

 

Who has told you that ?

[shilu28]

Case management/Issue manager of the court where the set aside is currently scheduled for.

[ericsbrother]

talking at crossed purposes with someone,

have you paid a set-aside fee yet and if so how much did you pay?

 

 

If you havent then this is the fee and you ask for it to be heard at your local court so you can get there.

 

 

If you dont ask for this the matter will be heard at the court that issued the judgement.

[shilu28]

I have already paid GBP255 for it to be set aside.

 

 

The case was sent to Manchester and now I am asking to be transferred to local court.

[ericsbrother]

so you didnt ask at the time?

There is room on the form for the transfer to your local court for the set aside hearing.

 

 

However at Manchester it will be considered on the papers you have submitted and then you can get it transferred as a matter of course for the new hearing ( if CEL fancy their chances and dont drop the matter anyway).

[AndyOrch]

Applications are £255 with a hearing and £100 without..a simple request to transfer does not require a hearing so min would be £100.However as advised you should of asked for it to be transferred on your initial N244 set a side application.

 

The CCJ was issued from Northampton CCBC..it was an uncontested default judgment. So the case never left Northampton or was ever transferred to your local county court.

 

The claimant resides in Manchester I assume and you as defendant in Surrey.Courts know the rules that when a claimant is a company the claim is always transferred to the defendants LCC (if LiP) so they should of automatically transferred it within your application.

 

Ring Manchester CC and ask that it be transferred.....you may speak to someone with common sence..but if they are insistent then its £100 only (no hearing)

 

Andy

[shilu28]

Thanks for your reply.

Well, I didn't know that I had to ask when I made the application for set aside. I am looking at the form now and still cannot see where I can have it transferred to local court.

[AndyOrch]

There is no section for it...you simply request it within the " What Order are you requesting ?" or attach it to the draft order if you had done one.

[shilu28]

Thanks for your reply.

That's something I didn't know when I made the application. I assumed that they would transfer automatically to defendant's local court.

So, please are you saying that Northampton made the initial mistake of sending it to Manchester when I made my application for set aside?

[AndyOrch]

Thanks for your reply.

That's something I didn't know when I made the application. I assumed that they would transfer automatically to defendant's local court. They should of...so its their error...dont see why you should pay?

So, please are you saying that Northampton made the initial mistake of sending it to Manchester when I made my application for set aside?

 

Well all there relevant details are front of the court you made application to (Northampton CCBC?) They know its a default judgment.....they know you have made application to set a side...they know the claimants address and that they are a Ltd Company and they know your address and that you are litigant in person...so why set a hearing in the claimants home town ?

 

 

Ah so they can get an application out of you and another £100 on top of the £255 already paid.....how much is the judgment?

[shilu28]

Many thanks for your reply.

They are claiming over GBP300.

I made the application to Northampton CCBC and they are saying that since correspondence address is not the same as the home address, they decided to send the case to claimant's lawyer's home town.

[AndyOrch]

So are they stating you have to pay....?

[shilu28]

Interesting that Manchester wants me to pay 255 and Northampton hasn't answered back yet with the costs.

[AndyOrch]

Well not surprising as Northampton are the ones that have made the error.

[shilu28]

Please how can I get Northampton to change the venue? I have tried but so far they are not playing ball, they are saying i should deal with Manchester.

[AndyOrch]

Have you actually rang Northampton or emailed them ? Ring them if you have not already......pointless speaking to Manchester.

[shilu28]

I have been emailing Northampton dealing with somebody in Applications and Orders.

[AndyOrch]

I would ring and speak to a staff member and explain what has happened (you have the posts here to explain to them ) see if they will recall it from Manchester and transfer it to Surrey.

 

After all you have already paid £255 for the hearing and its not as if your asking a favour ...you are the Defendant.

[ericsbrother]

emailing is the problem, you need to speak to someone so you can explain it properly to someone who has the time and inclination to listen.

You can also get on to Manchester and tell them.

I have been emailing Northampton dealing with somebody in Applications and Orders.