CEL CCJ - Successfully Set Aside but 'On condition that ...' So confused - help!

Coupon-mad

No, your case is different, being a post set aside, as your LOCAL Judge wants you to file & serve a defence, so the Northampton CCBC is not involved at all, So don't email them!

Could you please explain to me the mechanics of the now unfolding case? i.e what happens next?

The Judge will read your submissions and decide whether to set a hearing, as they normally do understand that you DO have prospects for success, but that Judge sounds like he will take some convincing...so it's up to the Judge and they will write to all parties once they see you have complied with that last Order.

Normally, that means the local court setting a hearing date. So that's what you hope for.

Are they going to come at me,

No.

what risks am I taking?

None whatsoever, not even huge costs. NO RISK.

Specifically, who do I send the Defence to exactly, and how? My fear is that I don't effectively serve the papers to the court and/or the Claimant (CEL).

You need to post it 1st class to the LOCAL COURT and CEL, taking the stamped envelopes to the PO Counter (not putting them in a post box) and asking for a certificate of posting, which is free.

Then you keep those two little receipts, stapled firmly to a printed copy of what you submitted, as your own court copy ready for the hearing.

And you await your hearing in the hope that Judge sees you have a case to argue. We presume you found all the appendices to attach, in the end?

If you prefer, take the court copy in person to that court to deliver by hand, in a ring binder. Or get a relative to do it if you can't, and see the Usher or court staff with it. If they will not give a receipt and want you to put it in a box, take & keep as proof, a photo of your file of papers (all very secure in a wallet with the claim number, the Judge's name if you know it, and 'DEFENCE' on the top/outer cover) going in the court box!

Hill_Hill_Hill

You are a saint.

Thank you.

I'll assimilate and take the next steps.

mainman789

Hill_Hill_Hill wrote: »

You are a saint.

Thank you.

I'll assimilate and take the next steps.

Would you mind posting your updated defence? Seems really well written and I'm in somewhat of a similar situation so want to use yours as a template

Hill_Hill_Hill

Hello all, thanks again for all your help previously.
CEL have mailed me threatening to enforce Judgement against me through an Attachment of Earnings Order, Third Party Debt Order or a wWarrant of Execution using Court bailiffs, adding they will include the court fees onto the debt I clim I owe them.

The court has mailed me to inform the case has been directed to the small claims track, also mailed requiring I complete a Direction Questionnaire. I have completed an N180 Directions Questionnaire for Small Claims Track agreeing to mediation and continuation down small claims track.

Is this a wise choice?

What is your advice for approaching settlement?

Kindly,

Hill_Hill_Hill

Hill_Hill_Hill

Hill_Hill_Hill

https://ibb.co/84Gv5nv
https://ibb.co/wzHYD4k

Fruitcake

Hill_Hill_Hill wrote: »

Hello all, thanks again for all your help previously.
CEL have mailed me threatening to enforce Judgement against me through an Attachment of Earnings Order, Third Party Debt Order or a wWarrant of Execution using Court bailiffs, adding they will include the court fees onto the debt I clim I owe them.

The court has mailed me to inform the case has been directed to the small claims track, also mailed requiring I complete a Direction Questionnaire. I have completed an N180 Directions Questionnaire for Small Claims Track agreeing to mediation and continuation down small claims track.

Is this a wise choice?

What is your advice for approaching settlement?

Kindly,

Hill_Hill_Hill

Para 1 is the usual threatograms these bullies send out. They can't do anything unless a judge says so.

NO to mediation.

Them: - Give us lots of money
You: - I'll not pay a penny.

End of mediation.

It is often thought that the mediator is on the side of the scammers because they believe the rubbish spouted by them and believe there really is a debt.

waamo

It's no to mediation. There is nothing to negotiate about.

Fruitcake

Hill_Hill_Hill wrote: »

https://ibb.co/84Gv5nv
https://ibb.co/wzHYD4k

Did the letter from CEL arrive before or after the court set aside letter? Either way you should tell the scammers your set aside has been granted so they should cease and desist their threats.

What did the landowner say when you complained?

Have you complained to your MP yet about this unregulated scam? Military service personnel should not be penalised by being posted overseas thus meaning they are unable to defend such scams.