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CCJ at previous address?
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Have you gotten your:
1) Draft "six point" order sorted? If not, search for it! What you have above is NOT a draft order that will ge tthrough.
2) Defence to the CLAIM sorted?
2) does not go in the Witness statement, which is partly your section 2.2
Just find ANY 2018 CEL defence, you will see it is FAR FAR longer than that.0 -
nosferatu1001 wrote: »Have you gotten your:
1) Draft "six point" order sorted? If not, search for it! What you have above is NOT a draft order that will ge tthrough.
2) Defence to the CLAIM sorted?
2) does not go in the Witness statement, which is partly your section 2.2
Just find ANY 2018 CEL defence, you will see it is FAR FAR longer than that.
I'm not sure I understand your last points made on your most recent post? Sorry if I'm being very simple here just don't quite get it.0 -
2.2 is a defence
a defence is not part of a witness statement, It is a defence, an entirely different document. SO it canot be part of your witness statement
You need
1) Draft "six point" order. So called because it has SIX POINTS in it. DO a search by post.
2) Witness statement supporting the set aside application i.e. the facts as to why you were unable to respond to the claim form
3) Defence to the claim.0 -
nosferatu1001 wrote: »2.2 is a defence
a defence is not part of a witness statement, It is a defence, an entirely different document. SO it canot be part of your witness statement
You need
1) Draft "six point" order. So called because it has SIX POINTS in it. DO a search by post.
2) Witness statement supporting the set aside application i.e. the facts as to why you were unable to respond to the claim form
3) Defence to the claim.
Sorry for all of the questions but I really do appreciate your help, so essentially, I 'copy' the below? I found this in another thread, but getting more and more confused? So I'd need to submit the below along with the witness statement and the correct forms?
DRAFT ORDER
IN THE COUNTY COURT AT: xxxxxx
CIVIL ENFORCEMENT LIMITED (Claimant)
And
MR ********************* (Defendant)
CLAIM No:**********
IT IS ORDERED that:
1. The default judgment dated XX/XX/XXXX be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/XX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/XXXX.
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. All enforcement be put on hold pending the outcome of the application.0 -
bigdavecox90 wrote: »Sorry for all of the questions but I really do appreciate your help, so essentially, I 'copy' the below? I found this in another thread, but getting more and more confused? So I'd need to submit the below along with the witness statement and the correct forms?
That needs to show that if you had the opportunity to defend the case in the first place, you would've had a real chance of defending the Claim.0 -
Yes, together with 3) on nosferatu1001's list - Defence to the claim.
That needs to show that if you had the opportunity to defend the case in the first place, you would've had a real chance of defending the Claim.
Thanks Keith, are there examples of this on the forum anywhere too?
Starting to panic as know I only have 1 real shot to get it right!0 -
bigdavecox90 wrote: »Thanks Keith, are there examples of this on the forum anywhere too?
Starting to panic as know I only have 1 real shot to get it right!0 -
Indeed, youre panicking rather than READINg
There is a step by step on set asides, on post 2 of the newbies.0 -
Is a judge likely to throw it out completely if my defence admits indeed I was actually issued a ticket? As stated, we didn't even attempt to pay it - contrary to what some of these posts state (as I'd attempted before reading on here)
You guys have been helpful no end, so thank you again.0 -
You just point out that you attempted to resolve this, there was no notification to tell you that registration was needed, etc.0
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