Unaware CCJ, ex employer - exhibition printing cost - need to set aside.

[AndyOrch]

Quote

I have a deadline of 6.4.23 to make a payment or they will issue a CCJ

 

Well they already have a default judgment that date is to stop it being registered on your credit files providing you pay within the 28 days Notice of Judgment. be aware that whilst an application to set a side is being processed you don't have protection from the claimant wishing to enforce the judgment further by way of execution so I hope you have served a copy on the claimant that the application has been made.

 

Andy

[AndyOrch]

The date the judgment must be paid by is on your Notice of Judgment that should be the discretionary 28 days allowed to make payment before the Judgment is registered on your credit files.

 

Its courtesy to serve a copy of the N244 on the judgment claimant so send them a copy (this is known as on Notice) then they are aware of your application.

 

Given you say you have a valid defence and possible counter claim then there really is little you can do until the application has been processed and you have your hearing date. If your application is successful then the entry will be removed.

 

Scan redact and upload all the documents you have so far then we can flesh the bones on the alleged debt and claim history.

 

 

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[AndyOrch]

Please post a copy of your N244 and any supporting statement here before serving it on the Claimants Solicitors....

 

And please calm down its very counter productive and of no assistance in your responding to what we need to assist.

[AndyOrch]

Please upload a copy of the Notice of Judgment a copy of your N244 application and any statement in support and a copy of the original claim form with particulars of claim fully redacted and any other documents in connection.

[AndyOrch]

Okay thanks......firstly the n244 is okay to send a copy to the claimant, its a little sparse and could have contained more detail such as you intend to make a Part20 counter claim but it will suffice.

 

The court should have sent the claimant a copy of the application but this does not always happen so send them a copy.

 

Moving forward and having read the details of the claim if you could take time and post details of the exact dispute and why you feel the claim is not justified. I note that you have marked the documents that even after your own adjustment you will still be in debt for £5k rather than the £7k claimed and awarded with interest.

 

Should the set a side be allowed and you submit a defence and counter claim with success you will still be indebted by £5K so you need to prepare on how you intend to clear this to avoid a CCJ. 

[AndyOrch]

Thanks well given that you have not posted any details of your intended defence or counter claim we are very much in the dark I was simply advising on process. You will have to submit a statement with evidence to support your application to set a side (which should have been attached to your application) if its allowed so you need to start preparing this in advance.

 

We can only assist with the preparation once as previously requested you post the details of the debt and defence and counter claim in detail.

 

Andy

[AndyOrch]

Yes you posted the same yesterday...so when your ready details required in depth if you want assistance with a defence and counterclaim.....cant proceed any further until you tell your story.

[AndyOrch]

Good ...did you attach that to your N244 ?

[AndyOrch]

You cant to the courts which you have already submitted and I wouldn't bother attaching it to the claimants copy as it requires formatting and turning into a compliant defence and counter claim.

 

So your next task is to draft the Part 20 counter claim into a breakdown of figures what you wish to counter claim. 

[AndyOrch]

Your Part 20 Counter claim follows on from your defence using the claimant's claim number as reference and formatted as a standard court response statement complete with statement of truth plus exhibits as evidence.

 

I would have a look at some examples here of others statements required to set a side a judgment because from the questions you are asking I assume you have no idea of how it should be drafted ?

 

And

[AndyOrch]

Example.....

 

Defence and Part 20 CC.pdf

 

 

Obviously it requires adaption to fit your claim and counter claim and insert the details. Your part 20 should be detailed and quantified to show exactly how you have arrived at the figure.

[AndyOrch]

Confusing.

 

You need to to refer to yourself as the defendant with regards to your defence to their claim. You are the defendant they are the claimant.

With regards to your counter claim you are the Part 20 claimant and they are the Part 20 defendant.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20/pd_part20

 

 

 

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