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CCJ Civil Enforcement ltd response to me following my set aside application

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  • DTDutch
    DTDutch Posts: 43 Forumite
    Second Anniversary 10 Posts
    I've made the adjustments and added the parts about open dealing as per Coupon-mad's suggestion/advice. I'll be taking this to the court shortly.

    ******
    Milton Keynes County Court
    (FULL ADDRESS)

    Date

    Case reference XYZ

    Re: Request for a deferment of the defence statement due date


    Dear Judge XYZ,

    I would like to please ask for an extension for the date by which I am required to submit my defence in case number XYZ

    Your directions stipulate that my defence must be submitted by 21st February 2020.

    However I had on the 10th of October 2019 booked flights to attend my sister's wedding taking place in Africa on 22nd of February 2019. The outbound flight is on Saturday 15th February 2020 with a return flight to arrive in the UK on 25th February. I have enclosed evidence of the flights to this letter. The date on which the email confirmation of the booking was sent as per the attached, hopefully serves as sufficient confirmation that these flights were booked prior to receiving the deadlines for submitting the defence.

    Due to the dates of the wedding trip, I will be available to read the claimant's submissions and then work on and file & serve my defence, by the end of the week commencing Monday 2nd March 2020

    I would be grateful therefore if you could please grant a deferment.
    In the interest of open dealing, I have also issued a copy of this letter and the attachment to the claimant.


    I look forward to hearing from you.

    Yours faithfully


    XYZ



    Thanks all
  • DTDutch
    DTDutch Posts: 43 Forumite
    Second Anniversary 10 Posts
    I've noticed some errors i.e February 2019 I've corrected them in the actual letter
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    To correct you:
    1) youre unlikely to see any "evidence" from CEL. Particulars of claim do not have to include anything other than text
    2) As such you need to ensure your defence *now* is as good sa it can be. I would presume your defence is mostly there, given the dozens of CEL threads on here for you to crib from!
    3) This is because you can only *ask* for a deferrment, it is not your *right*, and so you shold be working on the defence NOW.
  • DTDutch
    DTDutch Posts: 43 Forumite
    Second Anniversary 10 Posts
    Yep.. just received their particulars of claim, all text no evidence.

    Will they at some point be required to submit their evidence to me or the court? Or will the particulars of claim be all that the court will ask of them?

    If granting CEL a hearing essentially resets the process to the stage where they were able to obtain a CCJ against me in court, shouldn't they be required to provide all evidence?

    I will be working on my defence immediately incase the deferment is not granted. My initial posts contained the defence. I'll use that as a starting point and add some other things I've since found on here.

    Thank you all
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Read the timeline of events by bargepole, it tells you what happens and when
  • DTDutch
    DTDutch Posts: 43 Forumite
    Second Anniversary 10 Posts
    Thank you, I'll look for bargepole
  • Coupon-mad
    Coupon-mad Posts: 152,173 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    These are all standard links and info in the NEWBIES thread post #2.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DTDutch
    DTDutch Posts: 43 Forumite
    Second Anniversary 10 Posts
    :) Thank you!
    Saw a a few hours ago that the CCJ has been removed!!

    Massive thank you again to everyone for helping me get this far.
    Cant sleep from the shock so been up and just finished consolidating debt. It's done!
    I'll have a spring in my step tomorrow, thank you!

    I'll post my new defence once completed.

    Does anyone know, if a judge has ordered CEL to pay a defendant compensation for having a CCJ on their file for however long where the defendant has won the case and CEL's claim dismissed?
    Is it worth trying for this?
  • Hi,


    We have had a very similar case to yours Dutch. Thank you so much for posting your experiences, it is really helping me to see what we need to do to get things going from our end.


    Can I just ask forum members, should I start a new thread for my situation? What is the etiquette here? I don't want to fall foul of annoying key people who may be able to help or advise...….

    Many thanks all, in advance.


    Fan
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    fanlanders wrote: »
    Hi,

    Can I just ask forum members, should I start a new thread for my situation? What is the etiquette here? I don't want to fall foul of annoying key people who may be able to help or advise...….

    Fan

    Yes please - after reading the NEWBIES FAQ sticky.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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