CEL CCJ - should I appeal?

Coupon-mad

Change the dates in the Draft Order to

xx/xx/18

England48

As in on this site? Do I leave anything blank or with 'x's on my actual submission?

Coupon-mad

As in, on the real Draft Order. You can't make up dates, makes no sense.

England48

Ah I see what you mean, so the judge can fill them in. Apologies, think i saw one with dates on one thread hence the guesswork.

Apart from that all good to go?

Quentin

When you are wanting to apply for set aside one of the criteria is you do so promptly after discovering the ccj

You look to have known about this some time

2 weeks is taken as the maximum.

Time is of the essence here!

Get it in and hope your delay isn't fatal

Umkomaas

You need to get rid of all those !!!8280; (and similar) before you print it off for submission. If it's a result of copying and pasting, you'll need to laboriously go through each one and alter them, individually, as appropriate. There's around 20 of them, so very careful proof reading and editing is essential.

If you've actually typed the WS out yourself using iPad/iPhone, you need to turn off your Smart Punctuation (for future posting here) - as follows:

Go to 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

Switching off seems to have no detrimental affect on any other use of the keyboard.

But you've still got a pile of editing to do.

[Deleted User]

+1 Umkomaas. This is urgent (and needs edits). If you need more time, you can issue the application notice without a supporting statement, so long as you describe the application on p1 and make clear a statement will be lodged. A full & detailed statement must be served well in advance of the hearing (no less than 7 days prior)

1. Have you obtained a copy of the claim form. Have you seen what address appears on it?
2. Have you checked with the DVLA when they sought your details?
3. Have you actually read the court rules relating to an application to set aside judgment?

Nowhere do you properly reference the rule or set out the killer point - proceedings were not validly served because 2 years on they had no business assuming that this was your last known address. If there is no service, they were not entitled to judgment and the court MUST set aside the claim. This is old, but should help. Do read the CPR online.
http://www.civillitigationbrief.com/2014/05/18/service-of-the-claim-form-service-at-last-known-address-more-dangerbepoints-to-watch/

Your fallback argument is that it could be defended in any event. The test is similar to that in part 24. You need to show it is more than merely arguable. I think your statement could again be more focussed in that regard.

England48

Thanks all. I am submitting today so just over 2 weeks, all editing good in word so will print from there.

1. Have you obtained a copy of the claim form. Have you seen what address appears on it?

I haven't - I am specifically requesting it in my draft order. CEL wont send me anything before hearing and the CCBC has no other paperwork apart from the judgement. Is it a problem to assume it is the old address? I've received nothing at the new one. The old address is on the judgement.

2. Have you checked with the DVLA when they sought your details?

Yes, although the v5c was transferred to someone else while I worked in America for 6 months so they cant give me info from before then. I am requesting all information from CEL in this application so that I can defend myself properly at an additional hearing.

Have you actually read the court rules relating to an application to set aside judgment?

Ive added in this paragraph now, keeping the others above and below it:
1.3. As stated in the Civil Procedure Rules CPR 6.9(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant!!!8217;s current residence or place of business (!!!8216;current address!!!8217;).

The test is similar to that in part 24.

What did you mean by this?

Thanks again.

nosferatu1001

The old address on the judgement means it is almost certain the claim was sent to the old address Its the most obvious explanation.

ONce you get the set aside, CEL will discontinue. They never go to a hearing.

[Deleted User]

What did you mean by this?
Thanks again.

You appear to have referenced the rules relating to service. Good. But be aware that this is also a procedural hearing so do cross-reference the test that the district judge will be considering when deciding to give a set aside - CPR Part 13.

When I referred to Part 24, I meant simply that the hurdle that you have to meet to set aside a judgment under Part 13 of the rules, isn't really any different from the test a Claimant would have to meet when trying to argue that the defence is so useless they should be given the "quick win" without a trial. See for yourself below.

CPR 13.3 - Set Asides
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if;
(a) the defendant has a real prospect of successfully defending the claim

and compare it with:

Grounds for summary judgment
24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if;
(a) it considers that;
(i) that claimant has no real prospect of succeeding on the claim or issue; or
(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial

I make this point because Part 24 contains guidance notes that Part 13 does not, so I commend them to you. These are to be found in the hard copy of the rules a.k.a. The White Book (because it's a big book and its white) which state as follows:

In order to defeat the application for summary judgment it is sufficient for the respondent to show some prospect, ie some chance of success. That prospect must be real, ie, the court will disregard prospects which are false, fanciful or imaginary. The inclusion of the word real means that the respondent has to have a case which is better than merely arguable, but the respondent is not required to show that his case will probably succeed at trial. A case may be held to have a real prospect of success even if it is improbable. The hearing of an application for summary judgment is not a summary trial. The court at the summary judgment application will consider the merits of the respondent!!!8217;s case only to the extent necessary to determine whether it has sufficient merit to proceed to trial. A court does not involve itself in mini trials.

So, to put it another way, your arguments are twofold.

1. You never received the claim. If you've not been served they were never entitled to summary judgment and it should not have been entered as the criteria for default judgment were not satisfied; and

2. Even if the Court are not with me on (1) above, the judgment should still be set aside as you have provided the Court (promptly) with evidence that there is a defensible case and that you should be permitted to advance it.