CEL CCJ - Trying to appeal. Please help

Sjay0207

henrik777 said:

There is no duty to use your current address.

It's a tricky subject so i will attempt to give my opinion in a simplistic form.

If they have an address then there has to be a reason to believe that it is no longer valid before they have to take a few steps before they can use it as a last known address.

They have to take reasonable steps to find you.

If they don't find you, they should consider if there are other ways to serve you, and if so, apply to the court to allow it.

If everything else fails, they can use a last known address.



There is a lot written about service by far more intelligent and legally knowledgeable folk than me, but i'd simplify it broadly like that.



Secondly, why are you willing to write of the application costs if they consent ? (not that there aren't legitimate reasons to do so, but i'm curious why you are doing so)

I want my CCJ be set aside more importantly. Also, I presume if they consent with this, I need not pay £255 for the court fees. Please correct me if I am wrong.
Ok, on second thought, let me update point 7 to add costs
7. I require them to consent to this set aside, and for them to agree to pay the £100 cost of the set aside, in order to minimise costs to all involved and to not waste our time with a hearing. 

So, can I send the Consent draft along with the defence doc to the DPO (asking them to send it to their legal team as I could not find the legal team contact details online)?
Thanks!!!

henrik777

It's a legitimate tactic to pay the set aside cost if your primary goal is removal at any cost. (Although they'll probably ask for you to pay the ccj amount too !)

I wouldn't send a defence to them.

Draft order and an outline of why.

Sjay0207

henrik777 said:

It's a legitimate tactic to pay the set aside cost if your primary goal is removal at any cost. (Although they'll probably ask for you to pay the ccj amount too !)

I wouldn't send a defence to them.

Draft order and an outline of why.

Thanks. I will just send this consent order draft with the list as just reasons, not naming them as defense.

Le_Kirk

That is not a defenCe, that is a witness statement.  You should keep the defence for the original claim in your back pocket until/if you are asked for it by the judge.  A formal defence submission will/may come later depending upon what the judge orders.

Sjay0207

Hi All,
I sent the Consent order with reasons to CEL(Civil Enforcement Limited) on 24 Jun 2020. Waiting to hear from them. I have given them 5 working days to respond and it ends on 02 July 2020.
If they dont get back to me, I am preparing to send N244 with Witness statement and Draft Order.
Now, do I have to mention about sending the consent order to CEL and wait time of 5 working days on the witness statement.
Please advice. Thanks.

henrik777

I would. Helps the court to see that if they were minded to question whether or not promptness was an issue that for part of the time you were being reasonable in attempting to comply with CPR 1.

You really should enquire with them to see if they're going to reply. "sorry we didn't get it" is then off the table.

Coupon-mad

Read this - try a similar tactic?
https://forums.moneysavingexpert.com/discussion/6163961/ccj-from-civil-enforcement-limited-offer-sent-via-email-do-i-settle-prior-to-hearing#latest

Sjay0207

henrik777 said:

I would. Helps the court to see that if they were minded to question whether or not promptness was an issue that for part of the time you were being reasonable in attempting to comply with CPR 1.

You really should enquire with them to see if they're going to reply. "sorry we didn't get it" is then off the table.

I tried calling them today on the only number they have on their website and it is just a payment line stating options to pay. They do not have any option to put me through an executive. The only other contact I got was their Data Protection team email address, to which I have sent an SAR request and a Consent order email requesting them to forward it to their legal team.
SO, now I have no option left to follow up. Any suggestions..

Thanks

henrik777

You can only try to ask them. If they make it impossible you can't help it.

Sjay0207

To send the N244, I have to send the completed N244, Witness statement and Draft Order. I also need to pay £255 before sending the form. Hope I am not missing anything. 

Thanks