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CCJ - Unsure If I can fight it! - Page 10

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CCJ - Unsure If I can fight it!

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  • BangeF2BangeF2 Forumite
    57 posts
    10 Posts Name Dropper
    HI ALL! Just letting you know I recently submitted the set aside applications for both CCJ's! Apparently, there's an 8 week backlog at ccbc but once I hear back I will pop up again for guidance. I've read about what to expect after submitting within the newbies thread. Thanks for all the knowledge!

    Just wanted to share my gratefulness for you guys in helping me get thru this weird time. :) 
    Thanks again and hope to be in touch soon with positive news!
  • BangeF2BangeF2 Forumite
    57 posts
    10 Posts Name Dropper
    UPDATE!
    Hi all, Back again with an update!
    I received a letter for CCJ 1 (mandatory set aside) stating that I will need to attend a 30 min telephone hearing in January.
    I need to send the following in an email:
    case summary and chronology
    parties' positions statements if available
    The previous order that are relevant to the remote hearing:
    All essential documents the court requires to determine the issues that fall for determination and the remote hearing
    Draft order 
    Contact list of parties attending the hearing 
    Could anyone offer any suggestions as to how I can prepare for this in thorough way? Im super nervous!
    Thanks!

  • BangeF2BangeF2 Forumite
    57 posts
    10 Posts Name Dropper
     I have received nothing for CCJ 2 as of yet. 
  • nosferatu1001nosferatu1001 Forumite
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    Take it through in order .THeyre all pretty obvious!
    - summary and time line of CCJ ie whyyou should get set aside and the history of how the CCJ happened
    - your position statement isnt relevant here, you dont have the other sides
    - do you have any previous orders? If no then there arent any relevant...
    - the documents that support a set aside and not the undelrying claim
    - you have this, no? you already sent it?
    - your contact details and any details you have for the claimant. 
    Dont make the mistake of tackling in one go. 
  • nosferatu1001nosferatu1001 Forumite
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    I'd suggest chasing up CCJ2 if you think?
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  • Le_KirkLe_Kirk Forumite
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    Didn't you send some of that with the N244 claim form?  If not all the info you require can be found in the NEWBIE sticky second post.
  • BangeF2BangeF2 Forumite
    57 posts
    10 Posts Name Dropper
    Hey guys,
    I sent all details relating to the set aside, not the claim together in either in the DO, WS or DD.
    Im curious as to why CCJ one was not struck out. Perhaps my reasons aren't strong enough. I expected some kind of hearing for the CCJ 2. 
    I've received a virtual hearing for the CCJ 2 asking for the same details. 
    How is best to prepare for a telephone/virtual hearing, as its difficult to be convincing only via telephone/virtual meetings! Is this on the newbies post too? Could someone direct me or offer suggestions?
    I believe I need to file a proper (not a draft) defence. is that right? 
    Thanks
  • nosferatu1001nosferatu1001 Forumite
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    Strike outs are not g'teed. Ne ver have been. No idea why people think they even occur in the majority of claims - they dont. 

    Telephone hearing thread
    You dont need to do much convincing; surely you know all the arguments now?
    No need to file a full defence, just adraft is fine. You have to show a reasonable prospect of defending the claim. 
  • Coupon-madCoupon-mad Forumite
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    If you paid £255 then you paid for a hearing, so you get a hearing!  You could contact the court by email or letter and ask that both the CCJs are heard at that single hearing (if they are both about the same facts, claimant, etc) and even be cheeky as ask whether a single consolidated hearing may mean any costs reduction.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BangeF2BangeF2 Forumite
    57 posts
    10 Posts Name Dropper
    I will ask about combining so itssss lesss anxiety!
    Telephone hearing thread - please could you post a link?
    Ive sent a draft defence with the N244. So I can use the same draft defence right and get really familiar with it so I can explain it via the telephone hearing, and refer to the appendices  in relation to the Draft defence to aruge my claim, right?
    I imagine the telephone hearing thread will help me to prepare everything I need to but Im worried about the judge not really accepting my defence (CCJ1- used the wrong address and could have found it if the claimant solicitors did their due diligence & CCj 2- from 2017 - lodged at the bottom of CCJ1 evidence file sent by the solicitors, not on credit file and  also did not complete due diligence to find me) 
    What things do I need to be aware of in order to show up at the telephone hearing in the best possible way and what thing could go against me? 
    Thanks for your help. 
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