Reply to Defence

Valah0

Does anyone have any advise/opinions/improvements on this?

Also the claimant didn’t turn up at the CCJ set aside meeting at court. Shouldn’t they have refunded me the £255 there and then or do I have to counter claim?

Thank you.

Le_Kirk

On the original draft order that you submitted with your claim form, did it ask that costs be reserved? If it did, then the judge will decide on costs if/when you win the hearing.

Coupon-mad

I recently got a CCJ overturned by Civil enforcement Ltd. As they were sending the mail to the wrong address.

The judge ordered the judgement to be set aside. Being satisfied that I should be allowed to defend the claim.

Civil enforcement have subsequently re-plied to the defence.

You don't mean they replied to defence, as you haven't put on in yet, surely? What is your deadline on the Order, to get this defence in?

PLEASE NOW READ CEC16'S THREAD - NO LINK GIVEN, GO FIND IT.

Valah0

@coupon-mad It states on the “General form of Judgement or order” that

- The defendant’s statement dated ..... June 2019 as attached to his application dated....shall stand as the defence in this action.

Since the court date. Civil enforcement Ltd have sent me “our reply to defence” letter.

So I’m assuming a new date will be set for the case.

I will go away and search the CES16’s thread and see what it says.

@le-Kirk I’m unsure, I’m assuming that I would have done after doing my research.

KeithP

Valah0 wrote: »

Le_Kirk wrote: »

On the original draft order that you submitted with your claim form, did it ask that costs be reserved?

@le-Kirk I’m unsure, I’m assuming that I would have done after doing my research.

Unbelievable!!

Don't you keep a copy of everything you have sent?

Valah0

I did keep a copy of application notice N244, if that’s what you’re referring too? (Sorry I'm somewhat dyslexic and I’m struggling with all this legal terminology)

If you’re referring to section 3. What order are you asking the court to make and why? I replied as follows.

- Set aside of CCJ. Not served to my address.

So I’m guessing that I haven’t filed for costs to be reserved. So far a day off work and the set aside cost of £255.

Valah0

So just an update. I have received an order from the court stating that “Upon the courts motion. The court has made this order of its own initiative without a hearing under CPR 3.3. Any party may apply to have it set aside, varied or stayed within 7 days of the order being served on that party.

IT IS ORDERED THAT

Unless the defendant files the directions questionnaire within 7 days of the date of this order the defence shall be struck out and the claimant shall be entitled to enter judgement for the claim and costs the claimant has incurred.

Coupon-mad

So you've sent them and the Claimant a DQ N180 form then...easy to download one if they failed to provide it (shame on them if they didn't, though...it is unfair on you!).

You can see what that Order says so act quickly and keep PROOF of posting.

Valah0

So I’m going to file the direct questionnaire tomorrow morning.

On the questionnaire I have done the following.

- Said yes to the small claims track.

-Replied no to D2 (courts permission to use the written evidence of an expert)

I will file it tomorrow morning as requested and Take photo copies of the questionnaire and send to Civil enforcement Ltd (is that what’s meant by serve copies on all other parties)

Valah0

When I file this. I assume I just send it recorded delivery to the court address on the order and also photo copies to Civil enforcement. Then keep proof of posting @cou-mad?