Bryan Carter/CCJ Set Aside

hoho

I'm trying to get a CCJ issued by Northampton Bulk Centre set aside.

The process has been very drawn out, here's the overview;

• zzz xxxx CCJ awarded against me for part of claim
• zzz xxxx paid up
• zzz xxxx more papers for rest of claim set to an old address
• CCJ Issued
• I apply to have it set aside as a) I was unware of the action and would have defended it and b) Bryan Carter had split the claim
• Attended a hearing in ffff, Carter didn't show up but district judge ignored my case and ordered Carter to reissue claim to me
• Carter did nothing, I resubmitted defence with further proof that I'd contacted Carter again and he'd refused to provide me with CPR info
• Got a ruling that I don't understand

Ruling I received (why can't the law communicate in a way that people understand?) -

"Under the courts own motion. The court has made this order of its own initiative without hearing. If you object to the order, you must make application to hav it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. The order dated 00 ffff 2010 is varied under the slip rule to begin:

"1. By consent, judgement is set aside" and then to continue as drafted (as amended on 99 pppp 2010)

2. the matter be listed for allocation and directions hearing on 88thhhhh 2010 @ 16:20 allowing 20 minutes not by telephone, at which the court will consider the Defendant's requests for documents.

3. the parties must file and serve their completed Allocation Questionnaires by 888 iiii 2010."

Has anyone got a clue what that all means?

Thanks.

penguin83

Hi Hoho,

The slip rule allows the court to amend previous orders.

1. This means that the current judgment that was made against you has been removed (like it never existed) and the case has been taken back to the beginning. The rest of the order of the (removed) still stands.

2. There is a hearing on the (removed) which you should attend in person. The judge has decided that it is not suitable for a telephone conference. At this hearing the judge will allocate the claim to a track (small claims, fast track and multi track) depending on the value and complexity of the claim - you can read more about the different tracks here. At this hearing the judge will also give further directions as to how the case will proceed - for instance whether it should be listed for trial or what date witness statements should be filed by.

At this hearing the court will also consider your request that you made for the Claimant to provide documents to you and the court. If they still have not provided you with the information by the time that the court hearing comes around then the judge can make an order that forces them to produce the documents by a certain date.

3. You should complete and return your allocation questionnaire and it needs to be in court before (removed). If you dont have one you can print one off from here or you can ring the court and ask them to send you one out. You should also send one to (removed) and you will receive a copy of theirs.

Does that help a bit? xxx

hoho

That is very very helpful, thanks Penguin.

Is the abuse of the County Courts Act 1984, section 35, Division of causes of action a realistic defence here?

DVardysShadow

hoho wrote: »

That is very very helpful, thanks Penguin.

Is the abuse of the County Courts Act 1984, section 35, Division of causes of action a realistic defence here?

I have no idea whether it is a realistic defence. Penguin's answer was full and excellent and I could see it was going that way from the order you posted.

I would suggest you go back and remove the dates from your posts - and PM penguin to do the same because these boards are read by DCA's.

On the whole - and don't get your hopes up, just feel encouraged to keep going - I read this as the court being p'd off with the other side and giving them enough rope to hang themselves. The court could rule against them on no show, but prefers not to give them grounds to appeal.

penguin83

A good point DVardys - I have editted mine.

Unfortunately hoho I can only help on court procedure and can't provide any advice.

Please feel free though to give me a shout on anything procedurally I can help with xx

hoho

Thanks both, it's very useful.

The language used in communications from the courts and the institutions acting against you is baffling at times to a lay person, so getting feedback like this is excellent.

hoho

The claimant has sent a consent order for me to sign in relation to this, the wording is;

"...that all further proceedings in this action be discontinued upon the terms set out in the schedule hereto save for the purpose of enforcing or carrying into effect the said terms with liberty to apply for that purpose.

SCHEDULE

1. The proceedings herein be discontinued
2. There be no order for costs"

Can anyone advise if that's a staright forward agreement or is the stupid use of English containing a kick?

Thanks

DVardysShadow

I imagine that they realise that costs would be due to you and they want you to sign that possibility away.

dayscough

Hi

I am in search for a letter template for a Consent order soI can get a CCJ set aside that was put against my credit report in 2007. I need this so I can send it to the claimant that is happy to sign it.

Can you helpmeout please?

Thanks
Dan

dayscough

Hi

I am in search for a letter template for a Consent order soI can get a CCJ set aside that was put against my credit report in 2007. I need this so I can send it to the claimant that is happy to sign it.

Can you helpmeout please?

Thanks
Dan

dancingfairy

Hi- on what grounds do you think you can get the CCJ set-aside? Did you not receive the paperwork? were you unable to attend court? Do you owe the money they claim?
It's going to be very, very difficult to get a CCJ set-aside from 2007 - I can't believe that you didn't know anything about it until now.
I'm not actually sure why you would want a consent order though- I'm not really sure about them. e
Have you been paying the CCJ? I'm a little confused as to what you are trying to achieve.
df