UK CPM - CCJ issued

Le_Kirk

hiphop99 wrote: »

I have seen people write a lot for their set aside, including the particulars of the claim? I really thought that was a different document.

Just to be clear - I do not need to send off the SAR as part of the set aside request?

The SAR submission is a separate matter. Your overriding priority is the set-aside claim, judges like them to be applied for as soon after your discover the CCJ as possible. The info from the SAR will be helpful when you defend the original claim (if you are afforded that opportunity).

hiphop99

I found out about the CCJ in November but I had a number of personal issues + the end of year slowdown to deal with.



I am now worried that too much time has elapsed?



Is it just a 6 point draft order I am submitting? I saw something that Henrik posted - can I amend that and submit? I want to get it off today.

Le_Kirk

It is a 6-point draft order and witness statement. You could not do better than to follow Henrik's advice. Search for recent posts by him, he has given some cracking advice of late.

hiphop99

I was thinking that the witness statement would detail the initial correspondence between us and UK CPM etc which I am a bit hazy on hence the SAR request that I alluded to.


What should be in the witness statement?



I will look through his posts.

hiphop99

My head is spinning! Henrik has dropped a lot of great knowledge/content but I am still unclear on what I am submitting.


For instance here - https://forums.moneysavingexpert.com/showpost.php?p=76112670&postcount=17


Would this be in addition to the 6 point draft order?


Can someone really help me out and just link me directly to the type of response I am submitting as I think I have really confused myself.

Le_Kirk

I used the search facility and found THIS by using six-point draft order as my keywords(s) and User Coupon-mad (because I know she posts a wicked draft order) and she linked to the thread I have pointed you at - it was a successful set-aside. You may not need to use all of it but it should give you the format of the WS.

hiphop99

Thanks - that looks very good and I will use that.


What about the timing element? Found out in November and applying for it now

Le_Kirk

Does the court/judge know you found out in November? If anybody asks, you are submitting it "as soon as possible."

henrik777

hiphop99 wrote: »

My head is spinning! Henrik has dropped a lot of great knowledge/content but I am still unclear on what I am submitting.


For instance here - https://forums.moneysavingexpert.com/showpost.php?p=76112670&postcount=17


Would this be in addition to the 6 point draft order?


Can someone really help me out and just link me directly to the type of response I am submitting as I think I have really confused myself.

This is an argument. The draft order is what you are hoping to get if you win the argument.



Also, you mention time, time is only a part of a set aside under 13.3 but plays NO PART AT ALL under 13.2.

hiphop99

I am drafting the Order to dismiss the claim as part of the set aside but I have come across another issue.


As part of the early to and fro with UKCPM, my wife wrote to confirm she was the driver at the time as the notice was served to her mother, the registered keeper - has that f'd up one element of my defense?



I feel the Tenancy component is the strongest part of my reason to dismiss?