CCJ issued by Excel at my place of work!, options for getting it set aside?

[Deleted User]

Interesting. It depends how one interprets "re-serve". Difficult when none of us were at the hearing.

Strictly speaking, C should get a new copy of the claim form prepared issued to the correct address (within 4 months of issue the court will arrange that). Is the version sent to you an original? Sending a photocopy of the claim form isn't good service. Did you receive a response pack,?

[Deleted User]

Consolidation simply means the two cases will now be dealt with together.

When preparing the defence put BOTH claim numbers on it and set out clearly the case in relation to each event. You only need to draft the one document.

As the claims were separate and both claim forms needed to be served, C has done as directed.

aardll

KeithP wrote: »

What is the Issue Date on these Claim Forms?

As the Court Order that you showed us earlier says, you now need to file a Defence with the Newcastle Upon Tyne Court withing 28 days.

Johnersh wrote: »

Interesting. It depends how one interprets "re-serve". Difficult when none of us were at the hearing.

Strictly speaking, C should get a new copy of the claim form prepared issued to the correct address (within 4 months of issue the court will arrange that). Is the version sent to you an original? Sending a photocopy of the claim form isn't good service. Did you receive a response pack,?

The forms look like this, yes they contain response packs

https://ibb.co/wgK6gpB

If the claim forms have the Country Court Address on how do I file them at Newcastle upon Tyne?

I'm confused

Ok read more around this after I'd calmed down a bit.So am right in thinking that what I need to do now is acknowledge the claim form? I don't send the defense yet?

Thanks guys

KeithP

Your Court Order, copy in post #111 above, has the Newcastle Upon Tyne County Court's full address.

aardll

KeithP wrote: »

Your Court Order, copy in post #111 above, has the Newcastle Upon Tyne County Court's full address.

but the claim forms they've sent me today have the County Court Business Centre on them?

KeithP

aardll wrote: »

but the claim forms they've sent me today have the County Court Business Centre on them?

Of course. They are copies of the original Claim Forms which were raised at the CCBC.

You are now dealing with the Newcastle Upon Tyne County Court.

aardll

KeithP wrote: »

Of course. They are copies of the original Claim Forms which were raised at the CCBC.

You are now dealing with the Newcastle Upon Tyne County Court.

Thanks for replying KeithP, apologies if my questions seem daft, so that being the case I send the acknowledgements to Newcastle even if they have CCBC on the top?

https://ibb.co/Stgf74B

KeithP

Nothing daft about your questions.

I don't believe you need to do the AoS, but I would wait for someone else to confirm that.

My understanding is, and taking into account Johnersh's posts, that you need to create one Defence addressing the two claims and send it to the Newcastle CC within 28 days.

Hopefully Johnersh will be able to confirm that.

aardll

The fact it says 25th July on the bottom of the letter then the 2nd of August at the top is confusing.

If the date being used was the 25th of July then they're outside the 14 day window.

[Deleted User]

The fact it says 25th July on the bottom of the letter then the 2nd of August at the top is confusing.

The order was made by the DJ on 25/7. However, the DJ aware that the court service will take time to draw the order has intentionally ordered that the steps are to be taken within 14 days of service of the order.

On my reading, if the order was drawn on the later date (02/08), allowing 2 days for postal service (+1 cause that's a Sunday) takes you to 05/08, add 14 days = 19/08, so service is within time.

The o/p MUST file an acknowledgement of service (hence the reference to the response pack).

My understanding is, and taking into account Johnersh's posts, that you need to create one Defence addressing the two claims and send it to the Newcastle CC within 28 days.

The defences to both claims can be dealt with in a single document provided that the o/p clearly responds to both and both claim numbers are set out clearly on the defence, with the lead number first. It would be sensible to have a preamble in the defence similar to the following:

The claimant has issued separate proceedings against the defendant issued on x and y dates alleging breach of contract and loss in relation to parking events on x and y dates. By order of DJ Bloggs dated 25 July 2019 claim no xxxx and claim no yyyyy were consolidated to further the overriding objectives and having regard to court resources and legal costs. The defendant responds to all claims herein.

Obviously it's your defence, so structure it as you see fit!

For completeness, if it were me, serve the claimant as well as the court (send it to both by regular first class post). This is a slightly unusual set of circumstances, so belt & braces....