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Setting aside a ccj - defence sent to wrong court

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Hello , 

was hoping for some advice.

 

I have had a ccj issued against me and I want to get it set aside. 

The repsone pack I received was from Salford court and sent to the wrong address.

A ccj was issued by default and then set aside by the claimant due to being the wrong address.

 

The claimant sent all the paperwork to my works address and my boss opened and informed me I had to attend a hearing at Bradford court in order to change my address the claimant didn’t attend. The judge ordered I had to submit my defence by 28/5/19 which I did by email to the email address on the response pack which was sent to my work. I never got another response pack to my home address so assumed I replied to that one . 

 

Thursday I got a letter stating the judgment had been made by default as I didn’t send a response .  

I telephoned Bradford court and they told me they hadn’t received my defence as it was sent to the wrong court.

I also phoned Salford court who forwarded the response pack to Bradford and told me to tell them it was a court error . 

Bradford court told me a judge would look at it and to call back .

 

I called back friday and they told me the judge says the ccj stands but I could make and application to have it set aside.

The letter is dated 7th June and I received it 13th.

Does this also mean I’m out of time?

And if not any help on my next steps would be really appreciated, I feel the claim has been made falsely and would like to defend it. 

Many thanks 

 

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As its a court error why should you be made to submit an application with fee (£255).....on a claim that the claimant simply cant get the correct service address correct?

 

Your not out of time......but I would be questioning why you should have to foot the bill for the court error and initially the claimants.

 

Is the claimant not aware of your correct residential address ?

 

Andy 


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Hi Andy 

Thnaks for the reply .

 

I did tell Bradford court they said it was transferred to them and as I atteneded a hearing for change address I knew it had been transferred to them and  I should have sent the defence defence pack to them not Salford .

 

They told me it was my fault and I should have sent it to them and my only option would to be send a N244 form with £255.

I don’t think it’s fair as I replied in time to the only paperwork I had. 

 

The claimant knows my address I attended a change of address hearing.

But I didn’t receive an new response pack with an updated address.

 

They told me Friday a judge looked at it again and said it was my fault , so if I apply to get it set aside can the judge decline ...

 

the claim is for £620 I want to defend it as I think it’s wrong but don’t want to end up £100s out of pocket .

 

Thanks 

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Current address.....previous known address.....are accepted where a defendant may be served.

 

How did the claimant know your place of work address ? 

And what is your Boss doing opening post not addressed to him ?

 

I think we need full details of the nature of this claim.

 

See CPR 6.9

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Nature of defendant to be served  Place of service
1. Individual Usual or last known residence.
2. Individual being sued in the name of a business

Usual or last known residence of the individual; or
principal or last known place of business.

 

 

 

 

 


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I installed  a cctv system for the claimant

she says the footage isn’t clear but the system is working as it should with no issues And I have photos of images from the system and they are clear .

 

She says I left it dangerous although it’s just a plug and play system so no wiring work was undertaken ,

I have numerous messages where she tells me she’s been wiggling wires and pulling them out ,

I advised her to have the cameras lower and after moving the 1st one down she wanted the rest mounting higher which will compromise image quality which I told her .

 

She has a problem with the tv signal , 

The problem is with her aerial as she is using an old analog aerial and needs to switch to the digital aerial she has installed but won’t do this , there is nothing wrong with the equipment I have installed and the footage is clear the problem is the tv signal . 

 

I’ve been and seen her several times and each time she has been happy she even asked me to do more work.

I didn’t contact her for a while as I was on holiday

 

She asked me by text message to remove the equipment and she wanted her money back ,  

I told her I didn’t see why I should as there is nothing wrong with what I have installed she said she would take me to court .

I told her I would go and replace one of the cameras and upgrade to varifocal for free.

 

The  job was a favor for an extended family member

I only charged her £525 for a 4 camera hd system supplied and fitted as she told me she was having trouble with school children and neighbours and I felt sorry for her.

 

The next text I got was that she has sent court papers to my place of work and she was informing the police . 

I do work for a cctv company but never told her I was installing on behalf of them.

She had the cheque written out in my name not the company I work for.  

 

My boss opened the letter because it had works address on.

Apparently he’s in his right to do that .

He didn’t tell me until after the judgement had been made in the claimants Favor. 

 

I phoned the court and they told me it had been set aside but didn’t give a reason .

Another letter was then sent to my work address to attend court which my boss told me about in time .

 

I attended court which was to change my address

the court gave me 7 days to send my defence

I did this but to Salford court where the response pack came from not Bradford where it had been transferred to ,

 

I receive a letter on Thursday telling me the judge has ruled in the claimants favor .

They put it back before the judge and he said it stands and I need to apply to get it set aside . 

 

She has also got a statement from someone saying they have inspected my work but no work was undertaken other than lowering the first camera as she had cctv previously installed and requested Thats where i mounted remaining cameras.

There is no date on the statement . 

 

She told me she had taken another cctv company to court and won ,

she also told me that another person fitted cctv after them and she a had tv signal issue same as the one she says is caused by the cctv and made the person remove it

 

that’s why I’m so confident it’s not an issue with what I have installed as it’s different equipment .

 

I offered to go in her loft and change the aerial over but she has declined all solutions. 

 

She has also phoned my work twice she .

I answered one call but she didn’t know ,

she wouldn’t say who she was but gave my name and asked for my address

when I refused unless she gave me her name she said I had been stealing equipment and working on the side under the company name . 

 

Its been so embarrassing luckily my boss knows I’m a nice person and was just trying to help someone out. 

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Sounds like  you opened a right can of worms with this favor......but you dont charge for favours...so you have legal contract...even if verbal and not in writing.

 

She didn't have your personal address but obviously knew were you worked...you must have told her..or your family did.

 

As per my last post you cant serve papers at your place of business as your not being sued in the business name....hence the set a side hearing.

 

You was told to submit a defence by 28/5/19 which you did by email to the email address on the response pack which was sent to your work address again...why was it sent to your works address if you had just had a hearing to correct the address ?  Why did you not inform the court the address is still wrong ?

 

You then submitted your defence to the claim ( which again still contained the incorrect address) but you sent it to the wrong Court...Salford instead of Bradford...Salford stated they would forward it on which they did but by this time Bradford had already awarded a default judgment against you.

 

The courts refuse to accept this as their error and the Judge states the CCJ stands and refuse to take responsibility for their incompetence.

 

Now its for you to submit an application (N244) to request a further set a side at your expense...even though they promised to correct it even though you did send your defence to the wrong court. 

 

You could make application without hearing which only costs you £100...given at the last hearing the Claimant did not attend and you dont necessarily have to attend and have it decided on " Papers Only " ...(no hearing)

 

Should you decide to do this you must ensure that the court has your correct address and no further documents are served to your work place.

 

Andy

 

 

 

 

 


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Sorry for the delay in replying... I was just going to pay her off and learn a lesson but don’t think she should get away with it. Just don’t know what to do can’t afford to get into a battle even though I think I would win .

 

The only things the court sent to my work address was the response pack from money claims and a letter for a hearing to change my address to my home addess which I gave them I never received another response pack to my home address , that’s why I replied to the one I got to my works address. 

If I apply to set aside without an hearing will the hearing be for the whole claim or just to get another court date .. It’s really confusing. 

 

The court have sent a letter today the judge made the following comments 

paragraph 3 of the order stands 

 

Paragraph 3 

because this order was made by the court without considering representations from the parties , the parties have the right to apply to have the order set aside, varied or stayed pursuant to CPR3.3(5). A party wishing to make an application must send or deliver the application to the court with appropriate fee to arrive within 7 days of service of this order. 

 

 Thanks for your time Andy it’s appreciated 

 

 

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" If I apply to set aside without an hearing will the hearing be for the whole claim or just to get another court date .. It’s really confusing. "

 

It depends on the simplicity of the claim.....if a no hearing is agreed and the court can determine from the evidence they well may decide the claim there and then.If it cant it will request a hearing to determine and another date would be set for proceedings and directions....and of course you will be requested to stump up the difference in fee.

 


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Mmmm ... I think I have a strong defence I have photographs of the cctv images which are clear ,she also says I only moved the first camera a few inches which I also have photo evidence it was moved down 2meter . 

 

She says I didn’t visit after 27th September when I have text messages thanking me for going on the 1st October.  

The only evidence she has submitted is a independent report but it has no date .

It also states it was non branded equipment which it wasn’t .

 

It says copper left showing on cables but she could have caused this as she text me several times saying she had pulled the cables out and been wriggling wires. I

t also says she paid a lot of money but not how much.

I think it’s a letter from the first company she claimed against. 

 

I have text messages thanking me and I have out done myself just don’t understand how it’s at this. 

 

Will she have to agree to it being heard without an hearing ? 

 

Would I be able to claim the fee back if I win? 

 

Thanks 

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No the court decides if it requires a hearing or not....but she can object.Yes you can request costs in the application or costs in the case when its concluded...if you lose though you get nothing.

 

You state It also says she paid a lot of money but not how much. I think it’s a letter from the first company she claimed against. "

 

How many CCTV installations does one require ? Is it a case she has a history of disputes with CCTV installations ?


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Yes she told me she had a large company install cctv they didn’t install what they said and she took them to court and won ,

she then had another person fit them and there was a problem with her tv signal . threatened him so he just took them out and gave her her money back .

 

I didn’t know this until after I had installed them and she said the tv was playing up last time she had them fitted 🤦🏼‍♂️

 this is why I’m so sure it’s nothing to do with what I installed

 

she was happy I told her the problem was with her old analogue aerial and I would go in the loft and switch it to the digital one she declined ,

 

told her I would install the cctv on her laptop ,

mobile phone or connect to tv via router she declined all soloutions .

 

There was no problem with the cctv working through her tv no break lines or pixels , just her tv signal 

ive been back and forth trying to sort it out 

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A vexatious serial CCTV Installation disputer :biggrin:

 

That would add weight if you can get this back on track and in front of a judge.


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I think a hearing would be better as I didn’t include all the text messages she sent me ,

I also didn’t want to sound like I was ranting like her claim just tried to prove each of her points wrong ....

 

She got funny when I didn’t contact her for a week while I was on holiday.

When I replied I was back She sent a text saying she had contacted the police and was taking me to court. 

 

Week later asked for my address , I just ignored her then

 

Next I know my boss is telling me I’ve had a ccj issued against me .

 

Should I have has a letter of intent or would the text suffice? 

 

I am confident I would win but she’s pensioner and comes accross vulnerable she sucked me in. 

 

If I apply for it set aside would I put my reasoning as the court error ? 

 

Sorry if if I sound thick ... 

thanks 

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In that case you need to prepare and draft a concise statement with reasons for the set a side and a succinct version of your original defence.

 

Post here when you have a rough draft and I will give it the once over.

 

if you could also type out the particulars of claim (verbatim) less any identifiable details.


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Hi Andy

this is what the claim states

 

Particulars of claim

 

I paid the defendant for home CCTV installation that was not completed.

Left with wires exposed and dangerous.

Cameras blurred , out of focus , cameras different mm

all equipment unbranded

CCTV not fit for purpose and substandard and does not work .

 

From the beginning I have requested several times to come and remove the equipment.

He has cosen to ignre this , my texts and also calls , He lest me in a terrible mess and ill with worry.

 

he visited my my home on 5th September as I wanted to upgrade new CCTV. He sat with me and asked me to tell him what I wanted.

 

I made it fully clear I wanted a DVR box almost silent running. 

I said I wanted the controls on the front with the usb port on the front , I said I want a hand control again.

I did not get this at all , instead I was faced with a cheap 8x8ins box with no controls or usb on the front also no hand control.

 

I explained that I am disabled with spinal also joint problems and I have to control it from my chair.

he said no problem at all .

I made it clear that I was advised by the police to get HD IP cameras , This time .

I explained about the problems around my home and stressed how important it is to have cameras of good quality so that the police if need be can see clear if anything happens near my home.

 

I stressed over and over do not attempt to put cameras up if the footage cannot be seen clear .

He said trust me you ill have crisp clear footage , I told him the police had been in my home many times but were unabl to take any action as the footage was blurred .

 

I had analogue in before so this is why I was advised to get HD IP Cameras this time.

Again he said no problem I have done this for over 4 years .

 

He carried the work out on 11 September

the price he gave was £475 for four cameras ,

He then raised the price to £530 ,

I paid £550 he told me to make the cheque out to defendant ,

I was not given a receipt or any form of paperwork ,

he would not give me his home address .

 

I had to phone defendant a few hours after he left 11th September ,

the footage was shocking ,

it was blurred and faces passing my house could not be seen.

 

My TV was making a cracking noise , that worried me .

The picture on the TV was breaking up also my channels would not come on when I moved the DVR wire that goes from the box to the tv , the picture came back on but not for long

 

I cannot count on one hand the amount of times defendant came back

- he brought a man with him called ******* ,

defendant said this is my electrician he does all the wire work as I cannot do that part he also puts cameras up .

 

1- defendant has not been back since 27 September 2018

2- he has been sent many photographs of TV and Footage

3- he has been asked several times to remove and refund

4-he has been given 3 chances to correct his work

5-After a full week he returned with a booster aerial ,

He blamed it on my own Aerial ,

he blamed it on my aerial ports in each room ,

 

I had a hole dilled through my wall as he said the camera was too high.

This was only brought down a few inches from where my original cameras was placed also used for four and half years .

The blame goes on and on .

 

Last he wanted his electrician to join a cable onto my lofts aerial and bring it down my wall.

I was ill with worry,

 

the last shock came when I said I would report him ,

he said I told you I was doing this job on the side ,

 

I had to ask councillor ******* to come to my home ,

I was in shock of it all ,

I would never have allowed this ,

he left me in a shocking mess and wont refund.

  

 

this is my defence I also have photos and text messages but not sure how to upload cant seem to get them in the correct file.

 

I attended Mrs******** property on the 5th September 2018 regarding fitting a CCTV system .

We discussed requirements and budgets .

Mrs ******* said she wanted clear footage and a silent dvr system nothing else was requested .

She told me her budget was £500 as she was selling the house and didn’t want to spend a lot.

 

Whilst chatting she told me how a previous company had ripped her off .

They were contracted to fit IP cameras and had fitted analogue instead.

She told me she paid a lot of money for the system and trading standards had been involved.

 

I explained to her that on a £500 budget I couldn’t fit IP cameras .

The system I would install would be an analogue HD system and I would mount the cameras at the recommended height of 2.4 meters to ensure a clearer image.

I Told Mrs******* I would call her the next day to give her a price.

 

Called Mrs ****** 6th September 2018 to give her a quote .

I advised I could fit a 3 camera system for £475.00 or a 4 camera system for £525.00.

I Told Mrs ******** there was no rush and to let me know when she had thought about.

She said she would go ahead and have the 4 camera system and we agreed I would install on the 11th September 2018.

 

11th September 2018 arrived at Mrs ******** ,

Upon installation of the first camera after the hole had been drilled and camera mounted at the recommended height of 2.4m meters she requested no more holes be drilled into the walls and that she would like the rest of the cameras installed where the previous cameras were mounted.(please see photo 1)

 

I advised that mounting the cameras that high would compromise the image quality and they should be no higher than 2.4 meters but I could run a cable down from the higher mounting point so I didn’t have to drill any more holes but she said she didn’t want to put potential buyers off due to cables running down the house. Although I didn’t agree I did as Mrs******** wished and mounted the remaining cameras at the previous higher mounting place.

 

Upon leaving the system were all working as should and I advised Mrs ********* the cameras would need some time to settle , and that I would need to come back as camera angles might need adjusting also I needed to order a microphone. We arranged 13th September 2018 to go finish off .

 

Mrs ********* was happy with this , She paid me buy a cheque that was already wrote out for £550 it was just missing my surname.

 

At no time did I ask Mrs ********* for any extra money.

We agreed on £525.

I have a text message from Thursday 18th October 2018 stating she had given me an extra £25.

 

I Made contact on Thursday 13th September 2018 with Mrs ******* via Text message to advise her the microphone hadn’t arrived and that I would attend Friday 14th September 2018. Mrs ********* was unavailable and not around until Saturday after lunch.

 

Mrs ********** text me on Sunday 16th September and told her I would be there on Monday 17th September 2018.

Due to work commitments I had to rearrange and would get there Tuesday 18th September 2018.

 

Arrived at Mrs ********* Tuesday 18th September 2018 to adjust cameras , CCTV footage was clear and working as should. Mrs ********* mentioned a problem with her tv signal.

She thought the CCTV system was interfering with the tv signal.

 

At this visit She also mentioned she had another system installed other than the one mentioned previous by someone called ****** she said he encountered the same problem with tv interference so that made me confident there wasn’t a fault with the system I installed.

 

The CCTV images are clear with no break lines.

I advised Mrs ********* I could connect it to her router so she could view it on her laptop and/or phone but she declined .

 

I said I would look into it and get back to her although I felt the issue lay with her TV aerial and not the system I installed I felt sorry for her and told her I would try to find a solution to the issue.

 

Later that day Mrs ********** text me to request a different dvr box with controls and a usb at the front although this was never asked for on the initial visit.

 

Received numerous messages over several days from Mrs ********** regarding the TV signal and she told me that she had pulled all the wires out on a few occasions , she also sent me footage of broken tv signal .

 

After researching the problem I found that a booster aerial should help with the interference .

 

I visited Mrs ********* again on the 27th September 2018 and fitted the booster aerial and this solved the interference with the tv signal CCTV clear and working as should . I

 

also bought a usb extender cable so it was easier for Mrs ********* to plug her usb in to download any footage.

The wireless mouse she used with her last system was also compatible .

 

Mrs Johnson text me later that evening “thanks for sorting it , You have outdone yourself” and asked if I could fit her infra red lights.

 

Friday 28th September 2018 , Mrs ******** text me to tell me she had pulled all the plugs as the sound on the TV was not right, followed by numerous text messages of her tv breaking up.

 

Mrs *********** stated in her claim I have not visited he property since 27th September 2018 , This is not true

I Visited again on 1st October 2018.

 

CCTV system working as should with no problems and clear footage (please see photo 2 & 3)

No issues with TV signal upon leaving.

 

Text message from Mrs ******* saying “TV stayed on with no problems”.

Followed by “TV cracked up when I closed curtains”

 

She also informed me the camera on the front of the property was blurred and she couldn’t make faces out , I told her I had noticed too and I would upgrade it to a varifocal camera at no extra cost.

I told Mrs ********** I would see when I could fit her in and she replied

“don’t worry if you cant come this week at least for now I can see what's going off” 

 

I explained the only problem I can see regarding the tv signal is her roof aerial as its attached to the old analogue signal and not the BBC installed booster aerial in Mrs *********** attic. I offered to run an aerial cable from the BBC installed device in the attic to her TV but Mrs ********** declined.

 

Mrs ********* text on Tuesday 9th October 2018 and asked when will the job get finished

I text Mrs ********* back on Saturday 13th explaining I was on holiday.

 

Monday 15th October 2018 and advised I would attend Thursday 18th October 2018 to install the upgraded camera.

Mrs ********** replied stating she wanted me to remove the system and a full refund as it was a cheap tacky system she also states the system in unbranded in her claim but a text message she sent me on 15th October 2018 she knew the system was Hikvision .

 

The system was a budget system made by the Hikvision brand, supplied and fitted for £525 is almost cost price and a 2 man job.

I also was happy to swap the front camera for an upgrade and purchased extras not priced in.

I have offered to connect the dvr through her router to connect on her laptop and/or phone.

I asked Mrs ********** if she would like me to run cable down from the bbc box to her tv and she has declined all solutions.

Mrs ********** states the wiring was dangerous although no electrical wiring was undertaken by me or my colleague the system is plug and play with a 12v transformer.

All wires were left tidy , Mrs ********* had text me on several occasions between visits to say she had pulled the wires out and wiggled wires.  

Mrs ********** also said she had contacted my place of work. I never told her I would be doing any works for the company I work for.

 

I was asked to visit Mrs******* by an extended family member called ******* who does maintenance work for her , he told me she was having disputes with her neighbors and school children were annoying her . I work full time and could do with out the hassle but a friend had recently lost his job and thought it would help him out with some extra cash before Christmas .

 

She has not been ripped off and the CCTV system was working fine , the footage was clear .

I have tried my best to solve the fault with the TV signal and offered alternative solutions to which Mrs ******** is not willing to compromise.

 

This has caused an extreme amount of stress not only disrupting my home life but also at work as Mrs ********* has called my place of work on a few occasions and the last time she called spoke to me thinking it was my boss stating that I was stealing equipment in order to carry out jobs on the side , she stated my name and also asked for my home address which  wouldn’t give her ,

 

Mrs ********* has also had court papers sent to my place of work which has caused extreme embarrassment , I feel like my working relationship with my boss and within the company in general has been adversely affected and i feel untrusted in my working environment. Thankfully my boss has been very understanding and knows I would not rip off old ladies or steal from the company.

 

Mrs ********** has made several false remarks in her claim .

 

Point 1 of Mrs **********

claim states I have not visited her since the 27th September 2018, I attended Mrs Johnsons property on the 1st October 2018.

 

Point 2 - Mrs ********* has sent only sent photographs of her TV Breaking up , No footage from her CCTV has been sent to me as this is working as it should.

 

Point 3 & 4 - Mrs ******** told me to remove the system on the 15th October 2018 and told me she had been in touch with my place of work . I messaged Mrs ********* back explaining that there are no issues with the CCTV system and that I am very upset she felt the need to call my place of work when I installed the system as a favor at almost cost price ,

once again I made it clear to Mrs ********** the work had not been done by the company I work for.

 

Again I told Mrs ********* I would come and upgrade the front camera at no extra cost , she messaged me back and told me she was contacting my place of work again and would be taking me to court.

I explained if the work was carried out by the company I worked for payment would be made to them not me personally.

 

She messaged me again she told me the footage was not clear and she could not see the children playing in the neighboring garden I explained that she should not be viewing other peoples gardens , she told me I was blackmailing her and she was contacting the police and that the court papers had been sent ,

Again I gave Mrs ********** the option of having the front camera upgraded to which she declined.

 

Point 5 - The booster aerial fitted fixed the problem with Mrs *********

TV signal.

 

Point 6 - I never blamed any of the Issues on Mrs ********** power sockets or Aerial ports.

Non of these devices where causing problems with CCTV system .

 

Mrs ********** was aware placing the cameras where the original cameras were placed was too high and would compromise the CCTV footage.

 

I lowered the 1st camera to 2.4 meters , 2 meters lower than the original placement not " a few inches " as she states in her claim (see photo 1)

 

The report from **electrical is not dated , ********** told me she had 2 other systems fitted prior to the one I installed and she had taken 1 of them to court , How do I know when this report was made and if it was for the system I fitted.

 

In the report it is pointed out that cables were left with copper showing at the rear of the DVR .

I left all the cables in a good state , Mrs ******* has text messaged numerous times to tell me she had pulled all cables and plugs out of the DVR and wiggled wires which could of caused the exposure of the copper.

 

The recommended fittings for AHD cameras with CAT5 cable are balluns as used.

RJ45 connectors would only be used for IP cameras .

 

The system was not unbranded .

I used a Hikvision system and Mrs ********* was aware of the brand used.

 

DC electrical recommend they would use a POE system with a minimum of 5 mega pixel , I would recommend the same but not on a budget of £500.

 

Mrs ******** claims the equipment was dangerous , No where in the report from ** **********does it state the work carried out was dangerous in any way.

 

**electircal states Mrs ********

paid a lot of money for the system she has received.

I know that for a system similar to the one I installed for Mrs ******** it would cost in excess of £900 supplied and fitted with a premium system costing on average £1500 plus .

Mrs ********* paid £525.

 

mags.jpg

 

mags_2.jpg

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Looks good to me .....shes just out to get a free CCTV system


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Thank you for looking it over, Much appreciated 

would your advise be to go with or without a hearing ?

and should I also add to the N244 about the defence being sent to the wrong court?

I apologise if my questions are silly , just don't want to get it wrong again .

thanks again

 

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I was referring to your pics :wink:

 

I wont have chance to prepare you a defence until early week


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Hahahahaha whoops 😬....  I have another picture of her on one of the higher cameras and you can make out her face she’s trying it it on . Just annoyed I sent the paperwork to the wrong email address to begin with 😡

 

Thanks for your help ... really dont know how the courts work at all 

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Hi ......so this is the form you submit to make application to set a side.(N244)

 

 

Complete as follows

 

3.To set a side default judgment number xxxxxxx dated issued by xxxxxxx County Court.Pursuant to CPR 13.2 & 13.3 (a) the claim was acknowledged and a defence was submitted inadvertently to the wrong county court Salford instead of Bradford.Salford CCMCC advised that they would forward it to Bradford County Court.

 

4. Yes

 

5. At a hearing

 

6. 30 mins

 

7. (only complete is your not going to be available on a certain date IE Holiday)

 

8. District Judge

 

9. The Claimant  9a The Claimants address

 

10. Witness statement/Evidence attached

 

Attach the following draft order to the application.

 

#### START OF ORDER #### 

In the ......... county court
Claim No. ...

Before

District Judge ………


Dated ……… 2019


Claimant A

and

Defendant B



Draft/ORDER


UPON receiving the Courts Notice of Default Judgment dated 13th June 2019

IT IS ORDERED THAT:

1. The Judgment be set a side pursuant to 
CPR 13.2 & 13.3 (a)
2. The Defendant requests costs in making this application.

 
#### END OF ORDER #### 

 

 

Witness statement to attach to application

 

In the Bradford County Court

 

Claim Number xxxxxxxxxx


Claimant xxxxxxxx
v
Defendant xxxxxxx


Defendants statement in support of application dated xxx xxxxx 2019 to set a side Default Judgment.


I Mr xxxxxxx the Defendant in this claim hereby submit this statement .
WILL STATE AS FOLLOWS:-


I make this statement in support of my application to set a side judgment dated 13th June 2019  pursuant to CPR 13.2 & 13.3 (a) and respectfully request the following defence be considered in this matter.

 

The whole of the claimants particulars are denied and is averred that the claim has no merit or loss or cause of action.It is respectfully brought to the courts attention that this is not the first of this type of claim from the claimant.The claimant has conducted previous litigation against other CCTV Companies.
 

Time line of events 

 

Add  your defence here...try to make it more succinct and shorter do not be repetitive 

 

I attended Mrs******** property on the 5th September 2018 regarding fitting a CCTV system .

We discussed requirements and budgets .

Mrs ******* said she wanted clear footage and a silent dvr system nothing else was requested .

She told me her budget was £500 as she was selling the house and didn’t want to spend a lot.

 

Whilst chatting she told me how a previous company had ripped her off .

They were contracted to fit IP cameras and had fitted analogue instead.

She told me she paid a lot of money for the system and trading standards had been involved.

 

 

Finish with...

 

The Claimant has no real prospects of success in proceeding with the claim and there is no other reason why the claim should be disposed of at trial.
In the circumstances, I invite the Court to dismiss the Claimant's claim  and order her to pay my costs  in defending this matter..


STATEMENT OF TRUTH
I believe that the facts stated in this Witness Statement are true.


Signed
Dated this day……


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Thank you for your time Andy , really appreciate it . I will get it all filled out and take it to court by hand , at least I know that they have received it then. 

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Hi 

just to update I have received a letter for a notice of hearing of application for the judgement to be set aside . 

 

 

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Thanks for getting it back on track.   Could you advise on what to expect?

Is this hearing just to get it set aside then I would attend again to defend the claim?Or will all of it be dealt with there and then. 

Many thanks again just want to make sure I’m prepared. 

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typically if the set aside is granted then should the claimant wish to proceed with the original claim, they would need to request a new hearing then or later.

 

in all effect a successful set aside will resit the original claim back to the stage as if you'd yet to send your original defence.

 


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