Help? Missed CCJ due to house move.

nosferatu1001

Remember you serve all those doucments on the CLAIMANT as well as the court
So you send copies to the claimant
IF yuo fail to do so, they can have your set aside nullified.

Coupon-mad

So, we will send off the N244, the WS and the Statement of Charge tomorrow morning.

The 'statement of charge?' What's that?

What about the Draft Order (on a separate sheet) and the fee, or is it free for you?

I disagree that a set aside needs all the paperwork send to the Claimant too.

It is a without notice application AFAIK and the N244 form says the court will notify the Claimant, I seem to recall.

nosferatu1001

Statement of case?
You mean a defence, yes?
You MUST file a defence. You look for both the AUTOMATIC set aside under CPR13.2, as the court forms were NOT served on you, AND the discretionary set aside under CPR13.3 which requires you to send a defence.

Coupon-mad

Filing a defence is not needed at set aside stage.

nosferatu1001

"13.3 (a) the defendant has a real prospect of successfully defending the claim; or"
"13.4 (3) An application under rule 13.3 (cases where the court may set aside(GL) or vary judgment) must be supported by evidence."

The defence is the evidence that they have a real prospect of defending the claim
A defence is therefore filed with the application and, as it is filed withe the court, ahas to be served on the claimant

As you dsiagree, can you say how my reading of the CPRs - backed up by SOuthpaw, who IS legally qualified unlike either of us - is wrong?

Coupon-mad

Yes, prospects of success are discussed at the hearing but the person doesn't have to file an actual defence with their N244.

Look at the N244 form as well, it says the court will inform the Claimant and I think it's what is termed a 'without notice' application which can be made direct to a court.

Either way, what we've been doing up to now is correct:

N244
£255 fee (or application code for their help with fees)
WS
Draft Order

is all that's needed at this stage. To the court.

Bunniebarnes

Hi all! So we have our court date on Monday - wish us luck!

Le_Kirk

Good Luck!

Bunniebarnes

So, niiightmare. Our court date has been pushed back due to lack of judge, and they weren't able to contact us on Friday due to A. An incorrect email address and B. My husband not picked up a private number phone call.
So, we are now waiting for a phone call in the next day or two, for a space in court.

Bunniebarnes

Thankyou to everyone for your help! Our lovely judge was impressed!
So, the CCJ has been overturned!! Hooray!!
However, we were advised not to fight for costs (£250 court fees) as it could prove time-consuming in the long run if Civil Enforcement wanted to cause more problems. (We are emigrating abroad in a month or so) We also agreed to pay the original £60.
So, £310 later the CCJ is gone!