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keek

Setting aside a ccj - defence sent to wrong court

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7 hours ago, keek said:

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. 

 

Well it depends on a few variants......

 

Assuming he allows the set a side and If she does not turn up to the hearing he may deal with it in one hit...so have your defence and all paperwork (and your costs in defending the matter and making an application) ready and to hand, he could dismiss the claim there and then...and award you costs.

 

if she does turn up and the set a side is allowed ....he may still try to sort it there and then...assuming she is prepared with her paperwork and has submitted a statement in objection to the set a side.

 

Its down to court resources and if they have time.....if not the claim will them move to allocation...and you will be notified of the trial date and directions on how prepare.

So...down to the court and judge.

 

Andy


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Hi 

Another update 

I attended court today and the judgement has been set aside. Thanks for the help! 

 

He said I will receive a letter to resubmit my defence but as I have already done this he said just to acknowledge it has already been sent . He also said there will be a small claims hearing and if I win the claiment must pay my costs. 

The claiment didn’t attend today. 

I update more when I have received the letter. 

Many thanks for your help getting it set aside. 

 

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Standard directions....check with the court on the 2nd Oct that  she has paid the hearing fee...if not the claim will be struck out.

 

If she has the trial goes ahead on the 30th October...and the directions you must follow and prepare for and file and serve are points...6 to 11 of the directions.

 

Witness statement and evidence (documents)  File and serve not less than 14 days pre 30th October

 

Andy

 

 

 

 


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Hi , got another update yesterday .

 

The claiment has sent me some paperwork .

It’s her claim again but written out as the judge required ,

 

Will this be the one used in court or the first one she sent ? 

it hasn’t come from the court it has come directly from her . 

 

It states she has sent evidence and photographs to the court but I haven’t got or seen any of it , all I have is 15 pages of ranting and it’s really hard to read as it’s handwritten.

 

Should I also receive all evidence she plans to use at the hearing ?

She has got the electrical man to sign and date his letter but he hasn’t written “I believe this statement to be true” at the end.

 

Does she have to ask for permission to use an expert as a witness? 

 

Also she is claiming for the court fees even though she sent it to the wrong address to begin with. 

 

She is claiming for £40 in photos which I haven’t seen and £70 in postage costs. 

 

She is also claiming for high court enforcement of £150 and £350 in court fees , if it has been set aside how can she claim? 

 

She says she hasn’t taken litigation or threatened court action to any cctv company’s and has sent evidence to court , again I have not got this or seen it . And she told me numerous times she had taken the big company to court and won. 

 

She has sent a me witness statement from her local councillor on council letter headed paper . This is new I’ve not received this before yesterday . 

 

In text messages I received on the 20th sept the claiment says

 

“ councillor S**** my friend came last night she said the same as me , the cameras are a lot clearer than the ones ***** put in.” 

 

In the witness statement from the councillor for court she says she visited the claiment in September 2018 and the images are

 

“blurred and fuzzy , you could not make out the images there was white orbs in the picture”

 

 

The claimant said the councillor will be attending the hearing. 

 Thanks for reading any advice is appreciated . 

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Hi Keek

 

I will run through all the above nonsense with you on Monday.

 

Andy

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As per the directions laid out within your upload s of post # 29 it specifically states what is required...a witness statement from each party and all the documents you wish to rely on.

 

Obviously she has not followed the directions or has trouble reading and interpreting what it directs.

Mr Councillor is not party to the claim so has no involvement nor can his statement be used.

 

Point 13 states that no permission is granted for expert witnesses unless requested on receipt of the directions.


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Thanks Andy, 

Thats what I thought thanks for confirming. 

Should I give a reply to the letter I received the other day? I’m not even sure what it is if I’m honest it’s just headed “lies” theres no points to it ,  it’s just repetitive ranting. 

And Do I need to inform the court I haven’t received her evidence and that she wants to use the councillor as a witness or do I just sit tight until the hearing?

 

It says in the directions the claim will be struck out if the claimant hasn’t filed a properly completed application by the 2nd Oct. 

As it’s not been written out correctly and I have not received her evidence Could it be struck out altogether? 

 

 

Thank you 

Edited by keek

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Probably not relevant but just looked up the councillor on Facebook seems she is friends with the man who has done the inspection report on the cctv system I fitted . Had an idea that the report he did was fishy! 

Just makes me so angry 😡 

 

 

 

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No you dont respond...its irrelevant and not what the court directed.

It isn't time for her to serve you any evidence on you yet or you on her .....must be done by 15th Oct.

 

It states the claim will be struck out if the claimant does not pay the hearing fee...see below.

 

This is what you have to do now......wait for the 2nd October and at 3.55 ring the court and check she has paid the hearing fee of £80.00. (Point 2 of the directions)

 

You must draft and serve a witness statement from yourself in support of your defence with evidence( Thats your disclosures) and this must be filed with the court and served on her no later than Tues 15th October (Point 9 & 10 of the directions)

 

Do everything by the book and on time as advised....she will lose herself along the way...if she fails to comply with the directions the claim will be struck out.


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