Setting aside salford a ccj - defence sent to wrong court

[AndyOrch]

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 

[AndyOrch]

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.

[AndyOrch]

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

 

 

 

 

 

[AndyOrch]

" 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.

 

[AndyOrch]

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 ?

[AndyOrch]

A vexatious serial CCTV Installation disputer 

 

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

[AndyOrch]

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.

[AndyOrch]

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

[AndyOrch]

I was referring to your pics 

 

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

[AndyOrch]

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……

[AndyOrch]

[AndyOrch]

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

[AndyOrch]

[AndyOrch]

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

 

 

 

 

[AndyOrch]

Hi Keek

 

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

 

Andy

[AndyOrch]

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.

[AndyOrch]

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.

[AndyOrch]

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 ?

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

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?

[AndyOrch]

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.

[AndyOrch]

Did her councillor friend attend  ?  

 

I told you her evidence would be inadmissible...so sit back let her organise the expert witness.

 

Andy