UKPC - CCJ for £3k+

Le_Kirk

Just go to the NEWBIE sticky post # 2, scroll down and find the defences written by Bargepole and others and there you will find a couple of "own space" defences, select one and adapt it to suit your circumstances.

rennes99

Thank you Le-Kirk

I am getting very confused about the Witness Statement for a Set Aside hearing, and the defence - looking at others on here it looks like WS's are re-iterating a lot of the points laid out in Defences and Vice-Versa!

I have compiled an extensive WS for the set aside application, but this only deals with the Set Aside issues and why I am applying for one/the argument to grant one. Nothing contained within it deals with my defence points, which I will submit separately. Am I correct in this?

Le_Kirk

Your witness statement for a set-aside deals, as you say exclusively with reason why the CCJ should be set aside - reasons already stated. The defence that you need in your back pocket (IF the judge asks) should be sufficient to prove that you stand a chance of overturning or defending the original claim. Some people do tend to reiterate the whole defence in a witness statement and vice versa. Defences are legal and technical arguments written in the third person, witness statements are narratives written in the first person.

rennes99

That's of extreme help Le_Kirk. Many thanks for your clear explanation

Le_Kirk

rennes99 wrote: »

That's of extreme help Le_Kirk. Many thanks for your clear explanation

You are very welcome.

rennes99

quick update - N244 and supporting docs plus payment went off a couple of weeks ago now... not heard anything or had any correspondence from the court (payment and forms went to local court.)

Is there I general consensus on timescale before I'll hear anything regarding a hearing for set aside? Would be nice to know its sorted and not worry about the silence over Christmas!

Is chasing it up on the phone the done thing or should I leave it?

Many thanks to all

henrik777

Call the court.

rennes99

Set Aside hearing set for a couple of months time - a step forward. Thanks all.

I will get to work on my full Defence (which I think is going to be pretty robust) in the mean time using the excellent resources here... I will keep you updated and will be grateful for some critique once done

Thanks again all, and have a lovely Christmas

rennes99

Hi all.
I have a set aside hearing next month for this. 
However I've today received, to my current address, a letter from UKPC asking me to pay the judgement amount within 7 days, or they'll instruct enforcement agents!
I'm my draft 6 pointer to the court, it specifically states all enforcement action be put on hold pending the outcome of the hearing of the application to set aside. The hearing was confirmed to me before Christmas, so UKPC will surely know of it. They have also sent me this at my new address - I've haven't yet given it to them, only to the court, so they could only have got this off the Set Aside hearing info they will have received..... so know it's happening and yet are threatening me with enforcement if I don't pay them!

How should I proceed?

nosferatu1001

Go to the court TODAY or TOMORROW and ask for an emergency stay on enforcement. Take all docs with you> State that you have got your set aside hearing as soon as possible but it isnt until next month. Show the letter threatening enforcement. You should get it no issue. 
You are mistaken though - you have a DRAFT order. It is NOT an order, but the *draft* of what you *want* the court to order. Now, you could also contact them to point out that since you HAVE a set side hearing, it is premature to try to enforce the judgement - they are simply increasing their *own* costs, which will *not* be recoverable.