My WS / DEFENCE
This I believe should have been dealt with in 2017 as I sent a defence for this and the CCJ was removed. I had 2 default CCJ’s in 2017 (I will call it case No1. and No2.). I submitted my defence for both, excel discontinued both (I thought). BW Legal discontinued them and I signed a letter of discontinuance for both, and both CCJ’s were removed.
Both claims were for the same alleged offence (parking order on same car park) but different dates and my defence was identical for both and dealt with concurrently. I requested them to be dealt with together on the n244.
Initially I sent both defences No.1 (confirmation from Bury court attachment no 5) and this new resurrected one No2. (confirmation from court attachment 1). I received an email from Manchester court advising my defence had not been received for No2. I then forwarded my original email defence sent to court (attachment no’s 2,3,4.) As both the default CCJ’s were removed I presumed both were dealt with. It might be worth noting here that I was suffering with severe depression and a doctor’s note was submitted with the original n244 set aside.
Not sure if relevant but also BW Legal asked me to sign a consent order for both set asides to save costs. I agreed and signed the consent order for both cases, I attach consent order for this case No2. (attachment no 6.) Judge Osborne approved these but deleted paragraphs 3/4 ( attachment no 7).
I now have a new default CCJ for the same case No2 in Sept 2018 (same case number as in 2017).
I spoke to Manchester court who confirmed my defence was still not registered from 2017 and has never been on the file. Although as you can from the attachments, it was submitted. They also advise the newest notes from 2018 say that defence was struck out as the DQ sent in 2018 was returned as not served as I was not living at the address it was sent to. My new address was updated with the DVLA.
This case I believe should have been dealt with the same as case No1. inn 2017, and discontinued as the defence and claim is identical except for the date (ie parking order on the same car park same issue just on different dates).
All attachments are from 2017 including my defence
My current defence from 2019 is below in this email
Attached also is the letter of discontinuance for case No1.
I have attached:
1 Confirmation defence submission C2DP99CJ to bury court from 2017
2 email from Manchester / re-sending my defence to Manchester 2017
3 Pg 2 of original defence from 2017
4 Pg 3 of defence 2017
5 Confirmation defence submission No1 from court 2017
6 consent order for set aside No2 2017
7 approval of the order & judge Osborne deleting 2 paragraphs 3&4 from it 2017
letter of discontinuance for No2 2017
Defence C2DP99CJ from 2019
you've been had thats why..cash cowed
you fell for a threat-o-gram from a paperwork only solicitor...fake/tame
I bet Halifax hasn't seen a penny of that money you paid
and you've now got another powerless DCA trying the same things
they need free money for their xmas party drinkies
if Halifax want the money.. then its THEM you pay attention too.
I'm very sorry if you feel that some of the team are rude. I don't think anybody intends to be – but there is a certain forum culture which exists on all forums which makes people seem to be very direct and address each other in a way that they wouldn't face-to-face. I can assure you that the site team gets exactly the same from many of the users on this forum.
But also, the site team is here almost all the time – relentlessly – and I can tell you from my own experience that it can be very exhausting and it is easy to burn out. Maybe that helps to make people forget their P' s and Q' s sometimes as well.
Anyway, as the original post says, we have some big bills coming up. Things are always a bit tight and at the moment things are exceptionally difficult. I don't know why.
Any help that anybody can give us is gratefully accepted