CCJ email

onlyfoolsandparking

Umkomaas wrote: »

Neither am I, but an avid reader and a reasonably quick learner.

The court judgment if not satisfied by the defendant can be enforced by the claimant (or I guess their legals) by applying back to the court for an order to enforce. That might include attachment of earnings or a knock on the door from bailiffs to lift your 65" TV.

If the debt is in excess of £600, the claimant can seek a High Court Enforcement Order, that's when you'll get Paul Bohill and Steve Pinner turning up to take your 65 incher and you probably appearing on it in a few weeks time!

I cant watch those BS programmes, it annoys me how everybody just seems to roll over when these boneheads turn up instead of telling them to F**k off!!


I understand what you mean about claimant applying for enforcement and even raising it up to High court when debt is over £600 (I have seen the Sherrifs are coming programme) but my question is/was does the Claimant play any part in registering the judgement OR is that automatically done by the Courts and then the Claimant has the option to enforce?


I thought I was correct in 'payment plan' being a BIG NO NO!! seems absolutely crazy that one would enter into that scenario and still end up with a 6 year length of judgement????


Thankfully I would never put myself in that position or even the position of not defending a CCC but I feel for the people who seem to get these 'out of the blue'.

Umkomaas

Rlowe99 wrote: »

Thanks.

I’ll be sure to post the specific dates of the other LBC when I’m home later and have my hands on the forms.

It's not the date of the LBC (Letter Before Claim), it's the Date of Issue shown on the actual Claim from the Northampton CCBC we are asking for.

Rlowe99

Noted, thanks.
Will be able to get that this evening.

Rlowe99

Afternoon,

I have the 3rd claim form. The date of issue is the 11th February. I have a letter from BW on the 11th March which states this CCJ will be entered if no response by 24th March.

I have now found 2 letters from BW which state the same for the first 2 LBC’s and that they will be entered if no response by the 11th March, which corresponds to the first 2 I have failed to act upon in time.

So it looks like I now have until 24th March to AOS on this 3rd LBC?

Thanks.

Umkomaas

If the date of issue of the third claim is 11th Feb I fear you've missed the boat with that one too and there's a judgment in default on its way to join the other two already received.

I'm sure KeithP will confirm.

KeithP

Umkomaas wrote: »

If the date of issue of the third claim is 11th Feb I fear you've missed the boat with that one too and there's a judgment in default on its way to join the other two already received.

I'm sure KeithP will confirm.

Indeed he will.

With a Claim Issue Date of 11th February, you had until Monday 4th March to do the Acknowledgement of Service.

The Claimant has been free to seek a Default Judgment against you since 5th March.

Before doing the AoS or writing a Defence, best check the Case History on MCOL.
As Umkomaas predicts, you are probably too late to do anything.

If MCOL allows it, do the AoS now - TODAY!!

To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.


If MCOL accepts the AoS, you then have until 4pm on Monday 18th March 2019 to file your Defence.

That's less than two days away.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Rlowe99

Hi Keith,

Thank you for this! It’s let me complete the AOS and now starting the defence.
Will post when a little further through this.

Rlowe99

Funnily enough the 3rd claim form is for the very first of the 8/9 PCN’s (all received in a 2 week period)
When I issued an SAR on the first 2 I advised them that

“any claim must be for all PCN notices issued and they must not be treated or dealt with in several separate claims.”

How are they able to do this? Would they in effect have been about to issue 9 seperate claims, meaning I’d have to attend court 9 times?
I won’t let this distract from completing the defence right now, more just for building up a bigger knowledge of these things for future.

Cheers

Umkomaas

When I issued an SAR on the first 2 I advised them that

“any claim must be for all PCN notices issued and they must not be treated or dealt with in several separate claims.”

The SAR is not for that purpose, they have no requirement to comply with that. You need to request amalgamation via the court.

I think (but others might confirm) that it is done as part of your defence of the one you are currently drafting, by putting a final paragraph that you request the court order that all claims from the claimant relating to you should be amalgamated in order to save court time.

The reality is that all claims against you are in the BWL sausage machine, where there is little or no human intervention until very late on in the process, so they will be blissfully unaware of all the other claims.

You could SAR BWL and ask them what they hold about you. That will force them to check all the claims in their system. Once you know, you could write to them and formally require the amalgamation. If they refuse/fail, it does tee them up for an unreasonableness charge. But it could be up to a month before you get any further.