Setting aside a ccj - defence sent to wrong court

[Andyorch 10,191]

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

[keek 5]

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. 

 

[Andyorch 10,191]

[keek 5]

Hi , 

uploaded a copy of the general form of judgement or order I have received today 

2019-07-30_140112.pdf 2019-07-30_140228.pdf

[Andyorch 10,191]

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

 

 

 

 

[keek 5]

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 . 

[Andyorch 10,191]

Hi Keek

 

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

 

Andy

[Andyorch 10,191]

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.

[keek 5]

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 August 19, 2019 by keek

[keek 5]

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  

 

 

 

[Andyorch 10,191]

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.

[keek 5]

Hi

Just to update , telephoned the court this afternoon and all the fees have been paid but

I’ve had no correspondence since the letter I received on the 19th August. No evidence , photographs or anything. Although she does state in that letter the court has all of this?

Im just confused why I haven’t got it and how I am supposed to reply. 

 

Should I just reply to the response pack I originally received ? And forget about the letter she sent on the 19th August ? 

Many thanks 

[Andyorch 10,191]

And you wont get anything yet your not due to exchange evidence and statement until 15th October ?

If you dont receive yours by the 15th inform the court.

 

Did you not read my post #36 ?

[keek 5]

Hi Andy 

thank you for the reply . 

Yes I read your post ... so do I just resubmit my defence from the original claim? 

She has just thrown me off abit with the second lot of paperwork she sent on the 19th August . Going of the letter I think thats her evidence as She apologises to the judge for filing the 1st one incorrectly even though this one isn’t correct either , and there are the added witness statements and receipts I never got with the first one. 

Apologies if I’m asking repetitive or obvious questions your help and time is much appreciated , thank you 

[Andyorch 10,191]

Quote

so do I just resubmit my defence from the original claim? 

 

No .....you are submitting a witness statement with evidence (Documents/disclosures) from yourself.....completely different to a defence.

 

Have a look at some examples for content and layout on various threads.

 

Andy

[keek 5]

Hi 

received this note today with some photos of txt messages from the claimant .

 

There’s no claim number on any of what she has sent ?

 

 Do I take this into account and reply or just ignore it for now?  

 

Is this her witness statement along with the other letters she sent in August after we had it set aside?  

 

I’m sooooo confused  

 

[Andyorch 10,191]

Have aread of the directions again (PDF 2 Post #29) number 10 on how a witness statement should be prepared and laid out complete with a statement of truth.....the above is none compliant and IMHO is inadmissible...which you should make reference to in your statement.

 

However gather everything she has sent to you and try to put it into something of chronological order.

 

Andy

[keek 5]

Thank you for the quick reply , yes I have read them  I’ve uploaded the first page of my witness statement  just a draft , I’ve tried to keep it all in chronological order and only facts and stick to 1 point per paragraph. 

 

I’ve started to sort the claimants paperwork but it’s all over the place , no order to any of it . 

Suppose that’s a good thing for me though! 

Would I reference the non compliance at the beginning of my statement? 

 

 

 

2019-10-08_125201.pdf

[Andyorch 10,191]

At the beginning and a general synopsis of how the claimant has conducted herself through out this claim.

[keek 5]

Hello , Another update .... 

 

I filed the witness statement with court and the claimant on 14th October as requested on the directions.

 

Today I got some more documents from the claimant tilted “reply to witness statement “ and dated 18th October , 

 It’s contradictory from the other documents she has sent me over the last few months and the “story” changes in certain places from the previous documents .

 

Again she states she has sent evidence to court but I haven’t received it.

She says she’s had numerous conversations with the court and they are aware of the evidence. 

 

She also says the councillor will be attending the hearing as a witness, is she allowed?

 

Also  just Wanted to check that I don’t need to reply to anything else and just wait for the Hearing on the 30th?

 

Just worried in case I miss something. 

Many thanks . 

[Andyorch 10,191]

He cant attend unless the court has granted permission by a hearing...did she tick additional witness besides herself on her DQ ? 

Any evidence not served on you cant be relied or used in court.

 

You dont file and serve a Reply to Witness Statement ...only her first one will be allowed.

 

Nothing for you to do except attend the hearing...you can work out out all your costs dealing with this claim and get a figure ready.

 

Andy

[keek 5]

Hi Andy 

If DQ is directions questionnaire then she has not sent one? 

The only documents I’ve had are handwritten ranting other than the original claim still

addressed to my work that came from Salford court plus a few dodgy photos that have clearly been messed with. 

[Andyorch 10,191]

Parties are told on the DQ and expected to file and serve on each other......Ring your court and tell them she has not served you her copy and you want to know how many witness,s she stated at D3 and has she informed the court she intends to call a further witness?

[keek 5]

Thanks for your time Andy .

should I have sent a DQ ? I’ve just looked them up. I’ve not seen one before now?  I didn’t send one with my witness statement. And I’ve not received one from the claimant. 

 

[Andyorch 10,191]

Correct...this was a default judgment set a side...some courts dispense with the need for DQs and just issue Directions.So she definitely wont be allowed to call a witness.