Please help!Letter from Newlyn

nikkietoni

Would a delay in the hearing with horizon delay the ccj removal? 

Also the template from number 16 is this the witness statement and should this be written in the first person?
i have also added that if waiting for a face to face hearing delays the ccj removal or  is impossible can the lay representative speak on behalf in a telephone hearing as well as the defendant due to the circumstances 

Coupon-mad

Would a delay in the hearing with horizon delay the ccj removal? 

No, she has already won that hearing, and the CCJ has been wiped or is about to be.  That's GONE!

Also the template from number 16 is this the witness statement and should this be written in the first person?

No. This is the DEFENCE the court has asked for.  They haven't asked for a WS or evidence, have they, in that Order, it says she must put in her 'defence'?  She needs to also send a signed and dated copy to the Claimant, BTW.

This is why I wrote you a new form of words for number one of the defence.  Read it!  I've written it as the first point to try to make sure the Judge delays the hearing so that a face to face one happens in the end, AND so that he orders exchange of WS and evidence beforehad, which set aside Judges seem to want to skip (unfair on Defendants, IMHO, so that's why I wrote you that point!).

i have also added that if waiting for a face to face hearing delays the ccj removal or  is impossible can the lay representative speak on behalf in a telephone hearing as well as the defendant due to the circumstances 

A telephone hearing is HORRIBLE compared to real court.  I've done one as a lay rep myself last week, and your daughter has done one.   Being a lay rep by phone was hard for me and I've done cases before.  You do NOT want that and she doesn't have to accept it, she needs you there in person at the court with her so you can see the Judge and see the rep, see the papers being held up and get all the visual cues you need to be reassured your points are making sense to the Judge.

What do you mean you've added that - please don't!

MothballsWallet

Yes, the WS is written in the first person as it's a statement from that person's viewpoint of what happened on the day.

As KeithP said, the CCJ will be removed because you won the set aside - the next stage is the hearing to defend against Horizon and their scamlicitor - the CCJ won't go back unless you lost that second hearing and failed to pay what the judge says in 28 days.

But you've got a very good chance of winning your second hearing by following the advice on this board, so try not to worry (I know it will be difficult, that's what these scumbags want people to do).

Coupon-mad

She's not at WS stage.

MothballsWallet

nikkietoni said:

Would a delay in the hearing with horizon delay the ccj removal? 

Also the template from number 16 is this the witness statement and should this be written in the first person?
i have also added that if waiting for a face to face hearing delays the ccj removal or  is impossible can the lay representative speak on behalf in a telephone hearing as well as the defendant due to the circumstances 

Um, C-m, I was answering (or part answering) nikkietoni's question highlighted in bold.

KeithP

nikkietoni said:

Would a delay in the hearing with horizon delay the ccj removal? 

What exactly didn't you understand in my post earlier Today at 1:11AM where I wrote:

KeithP said:

nikkietoni said:

Thanks so much for that. If we ask for a delay in the hearing will it prevent the ccj being taken off credit file?

Winning a set aside hearing means the Judgment is removed at that time (or very very shortly after).

Check TrustOnline and confirm it for yourself.

Coupon-mad

MothballsWallet said:

Um, C-m, I was answering (or part answering) nikkietoni's question highlighted in bold.

I know and you are right of course...but she isn't at that stage and has got herself into a muddle, IMHO.  I didn't want her writing a WS.  She is not at WS stage and might not even be offered that stage unless her daughter asks...

For her daughter's defence I added words to put at the start instead of the template #1, deliberately designed to get a proper hearing in the end and to get a proper exchange of WS and evidence photos that (shockingly) Judges in set aside hearings seem to want to skip.

nikkietoni

Thanks so much I will do as you said ... i will put on here but very long!!!and did you say not to send any bundle
ie no photos of car park or signs or documents sent to her? Just the defence?  

Coupon-mad

Just the defence, and I feel like it might need a little editing by us to make sense for 'post set aside' so it would be good to see you post the whole thing, it will probably take two replies!

MothballsWallet

Photos etc. go with your WS - but, as Coupon-mad says, you're not there yet, so hold on to those for now, so just show us the defence for critique.