CCJ entered against me by BW Legal

rachity

What are the dates of issue of the 2 original N1 claims, & were they for substantially the same kind of thing? (Ie were the Particulars of Claim virtually the same, apart from times/dates?)

SAfricanGirl

both claims were issued on the 13/02/19, for exactly the same thing. The CCJ was entered against me on 02/04/19 for both as well...

SAfricanGirl

also on the CCJ set aside form under #9 it asks:

"9. Who should be served with this application?
9a. Please give the service address, (other than details of the claimant or defendant) of any party named in question 9."

- should this be to BW Legal or Britannia Parking (who the parking fine is from)???

Le_Kirk

I believe you leave dates blank for the court/judge to fill in.

SAfricanGirl

Le_Kirk wrote: »

I believe you leave dates blank for the court/judge to fill in.

awesome, thank you..

do you know the answer to this question:

"also on the CCJ set aside form under #9 it asks:

"9. Who should be served with this application?
9a. Please give the service address, (other than details of the claimant or defendant) of any party named in question 9."

- should this be to BW Legal or Britannia Parking (who the parking fine is from)???"

SAfricanGirl

can anyone help me with which thread would suit my defence that I will be attaching as my situation isnt that they sent it to the wrong address, but that I have not been in the country to collect my post to my address?

SAfricanGirl

Can I have some advice back on my Witness Statement and Order:

DRAFT ORDER

______________________________________


IT IS ORDERED THAT:

1. Both default judgments with claim numbers:
XXXXXXXX and XXXXXX dated 02/04/2019 be set aside.

1.1. I also ask for both default judgements to be heard at the same hearing.

2. Costs to be reserved only if my ‘help with court fees’ applications are not successful (ref numbers: XXX-XXX-XXX and XXX-XXX-XXX)

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on ????? (judge enters this date?) paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 x 2 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 ??????. (judge enters this date?)

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 x 2 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.


WITNESS STATEMENT

______________________________________




I am XXXXXXX and I am the Defendant in this matter.
This my supporting Witness Statement in support of my application dated 12/04/2019 to:
· Set aside the Default Judgements (XXXXXXX and XXXXXXX) dated 02/04/2019 as I left the United Kingdom on the 2nd January 2019 and so the original claim forms sent in the post while I have been away from my home address had not been opened and acknowledged by myself in the required time frame of 14 days;
· Order for the Claimant to pay the Defendant £255 x 2 if the Defendants ‘help with court fees’ applications are unsuccessful for the set aside fee;
· Order for the original claim to be dismissed on the basis that the Defendant has a reasonable defence; or to be re-heard at a new hearing.
· Order for the Defendant’s circumstances be taken into consideration and that when the CCJ set aside hearing is set, that the date it is set will be commencing 01/10/2019 as this is the date the Defendant would have returned to the U.K. and be present for the hearing.

1. Default Judgement

1.1. I understand that the Claimant issued two separate claim forms both dated 13/02/2019. However, these claim forms were posted to my home address in the time I had not been at my address as I had left the United Kingdom on the 2nd January 2019 and I am still due to return later in the year. With me not having access to my post at home I was unaware these claim forms were sent and I missed the 14 day period to acknowledge and defend these claims. It was not until I had asked a friend to open my post that I realised I had these 2 x claims and 2 x County Court Judgements, due to missing the claim form deadline and I have acted promptly to get these judgements set aside.

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

1.3. The Defendant has at no time tried to avoid paying for any known debt. The alleged contraventions are dated 3rd September 2016 and 29th September 2016 and this is the first time I have been made aware of this claim. Therefore, the Defendant has never received any previous documentation from the Claimant in this matter and was never able to properly challenge the Claimant’s claim.

1.4. The Defendant was not aware of the Default Judgement until the Defendant had asked a friend to open the Defendant’s post in the absence from the Defendant’s home address.

1.5. On the 9th April 2019 the Defendant contacted the Court to request further detail of the Default Judgement and questioned whether this was a legitimate form as I had never heard or had any correspondence from BW Legal before. With more research the Defendant was able to identify these forms as legitimate and has promptly acted upon these to get the judgements set aside.


1.6. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.


Thanks for any feedback on this.

Can someone also clarify is the set aside stage is the stage I would need to attach a defence to the original claim as well?

Le_Kirk

SAfricanGirl wrote: »

"also on the CCJ set aside form under #9 it asks:

"9. Who should be served with this application?
9a. Please give the service address, (other than details of the claimant or defendant) of any party named in question 9."

Found this by asking Auntie Google, hope it helps: -

The following points may help you when filling in the form. If you get stuck, contact us for advice.
Include the claim number of the case and details of the creditor or ‘claimant’.
Question 1: fill in your name here.
Question 2: you will normally tick the box as the ‘defendant’.
Question 3: you need to briefly state what order you are asking the court to make and the reasons for your request.
Question 4: this asks if you have attached a draft of the order you are applying for. We would suggest that you only tick ‘yes’ to this if you have had help from a solicitor or advice agency with drafting the order. Otherwise, leave this up to the court.
Question 5: this asks you if you want to have the application dealt with at a hearing. Most applications will be dealt with at a hearing.
Question 6, 7 and 8: it is safer to leave these blank rather than guess how long a hearing will last or what level of judge you need at the hearing.
Question 9: only fill this in if there is someone you want the court to send a copy of the application to, such as your solicitor.
Question 10: this appears on the back of the form. You should tick the box saying you are relying on ‘the evidence set out in the box below’. You need to include any evidence you have to support your case, such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included. You should explain any delay in making the application.
Sign the statement of truth on the bottom of the form.
Send enough copies of the form back to the court so that one can be sent to the 'claimant' (the person who has the judgment against you) and one for the court. Remember to keep a copy for yourself.

Coupon-mad

(judge enters this date?)

Oh good, you have applied for help with fees, so this will hopefully cost you nothing at all and is a no-brainer!

#3 should read 'copies of both claim forms' as you had two.

Also add these words to the draft order:

7. The Court, having being advised that the Claimant has issued two duplicate claims, numbers XXXXXXXX and XXXXXXXX against the Defendant with substantially identical particulars, notes that this is a potentially sanctionable abuse of process. The Claimant shall, when filing and serving copies of the two claim forms (see #3) include its written explanation as to why two claims were filed and shall attend a set aside hearing, to orally explain this matter and the use of an unchecked address for the Defendant.

8. The Court orders that the two claims be consolidated and shall be heard in one set aside hearing.

SAfricanGirl

Coupon-mad wrote: »

7. The Court, having being advised that the Claimant has issued two duplicate claims, numbers XXXXXXXX and XXXXXXXX against the Defendant with substantially identical particulars notes that this is a potentially sanctionable abuse of process. The Claimant shall, when filing and serving copies of the to claim forms (see #3) include its written explanation as to why two claims were filed and shall attend a set aside hearing, to orally explain this matter and the use of an unchecked address for the Defendant.

Sorry I might be misunderstanding this point, but the 2 claim forms are not duplicates of 1 incident. They relate to 2 separate incidents dated 3rd sept 2016 and 29th sept 2016. I was issued the 2 claims on the same day for the 2 incidents.

What is meant by "use of an unchecked address for the Defendant." as they were delivered to the correct address.. does it just mean they never checked why there had been no response?

sorry if my questions seem stupid, Im just totally new to all this...


Regardless of the feedback on the draft order and the amendments to be made, do you reckon my draft order and witness statement are ready and a good enough reason for a set aside?

How likely is the judge to grant my wishes that the hearing wait until I am back in the UK (As of 1st October 2019)?

Thanks for all your help