CCJ VCS advice needed

Le_Kirk

A search of the forum found this, use it and modify the witness statement to suit your circumstances.

McOfson

Plus as I was abroad at the time do you suggest including plane ticket proof,ect in the set aside application or leave that until later?

Coupon-mad

I would include a copy as proof with the WS, yes.

Please sort out this horrendously clunky bad English, though! Never have ''I'' then a comma.

to I, the Defendant,

McOfson

Hello.
last draft before I take to the court house. once again thanks for all your help. my brain is mush and I'm doing all this off my phone. (adobe pdfs are a nightmare on phones! haha) thanks coupon mad, I'll include the confirmation plane tickets also.
DRAFT ORDER

IN THE COUNTY COURT AT: Northampton

xxxxxxxxxx(Claimant)

And
xxxxxxxxx(Defendant)

CLAIM No: XXXXXXX

IT IS ORDERED that:

1. The default judgment dated 05.08.2019 be set aside.

2. Costs to be reserved.

3. Should the Claimant discontinue the Claim after the CCJ is set aside the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

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

WITNESS STATEMENT

5. I am xxxxxxxand I am the defendant in this matter. This is my supporting statement to my application dated 08.09.2019 2019 requesting to:

a. Set aside the default judgment dated 05.08.2019 as it was defectively served as I was out of the country from the period of 02.04.2019 – 07.09.2019

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

6. I understand that the claimant obtained a default judgment against me on 05.08.2019. However, I no knowledge of any correspondence, claim, or county court judgment until I returned to the UK on 07.09.2019.

7. I was not in receipt of any correspondence or documentation served from the claimant, therefore I was not given the opportunity or was able to respond to or defend the original charge, nor the judgment. I was not in the UK at the time and had no chance to see or defend the claim. Had I been in receipt of the Claim I would have addressed the matter immediately.


8. The defendant has acted promptly when discovering the judgement. I have explained why I did not respond to the claim issued. The prejudice I would suffer by not being allowed to defend this claim greatly exceeds the prejudice to the claimant if the judgement is set aside.


9. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

ORDER DISMISSING THE CLAIM
etc etc

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

henrik777

McOfson wrote: »

also is the fact that i wasn't here to recieve the claim mean that i wasn't 'served' and that's my reason for our being put aside , as i didn't have knowledge of it and therefore couldn't address it?

You do not need to be present at an address to be served. You do need to have lived there at some point (or nominated it as a service address though).

To be served at an address you no longer reside at requires claimants to make an effort to find you, and fail.

It's a thorny topic full of pitfalls for unwary claimants.

https://civillitigationbrief.wordpress.com/2014/05/18/service-of-the-claim-form-service-at-last-known-address-more-dangerbepoints-to-watch/


All of which is irrelevant if you got the claim form at your address which was correct.

The travelling and not seeing it until much later could assist a judge in granting a discretionary set aside but may hinder a claim for costs (so try and get them as costs in the case)

Coupon-mad

I am getting bailiff letters in the mean time.

What are you calling bailiff letters? Who from, and exactly what do they say?

Of course you DO NOT pay the bailiff nor let them in, but who is writing to you? Might just be a useless and toothless debt collector.

McOfson

they are from ems legal saying they have not received payment of the debt and will instruct field agents to my property. the debt will increase and I have 7 days.
should I phone them on Monday and tell them there is a set aside application in process and to wait until that is decided? is that possible?

Coupon-mad

That's not a bailiff letter then. Elms Legal are not bailiffs.

should I phone them on Monday and tell them there is a set aside application in process and to wait until that is decided?

No, never phone a scammer or a solicitor of a scammer.

Instead phone the CCBC and make sure they have your application and are about to allocate it locally, and tell the time is of the essence and can they please expedite it or put it before a Judge to order a stay of any enforcement.

Le_Kirk

If you have started the process with a set-aside without consent and paid you £255 filing fee, there is little to be gained from now starting another claim for set-aside with consent which would cost £100 but you would have to agree to pay the PPC the original charge PLUS, they may not consent.

Just do as advised by Coupon-mad.

Redx

McOfson wrote: »

hello all.
major advice required now :-) .
so I have my court date for mid October.
what do I need to do now. what is the next step for me to prepare?
best wishes

read other recent set aside threads to see what they did and when and why, like this one

https://forums.moneysavingexpert.com/discussion/6003202/parking-fee-paid-parking-eye-ccj

dont just stay on your own thread, learn from others doing the same thing


and the court paperwork should have told you what to do, what to prepare, what to submit , and the deadline date