CCJ - Unsure If I can fight it!

D_P_Dance

Saying what?

Coupon-mad

Do what the order says is your only option.

BangeF2

update on CCJ one that was set aside. 

I have received a letter from the courts saying that the court has changed to one in another part of england (unsure why as both parties are in london) 

and also that and order has been made by the court of its own motion under the case management powers set out in Part 3 of the CPR 1998. and that any party affected may pay the appropriate fee under rule 3.3 (5) to ave it set aside, varied or stayed. Application needs to be made within seven days. I am now on day 2!

How would it be best to deal with this? im unsure what I need to send off to the courts and how to proceed further? 

@Coupon-mad
@D_P_Dance

Coupon-mad

How far away is it?  

You could respond saying it seems like an error as both parties are in London.  Worst that can happen is they say 'get lost' or 'if you want to object to this Order. pay a fee (in which case you wouldn't pursue it and would hope for a telephone hearing).

BangeF2

Coupon-mad said:

How far away is it?  

You could respond saying it seems like an error as both parties are in London.  Worst that can happen is they say 'get lost' or 'if you want to object to this Order. pay a fee under 3.3 (5) (in which case you wouldn't pursue it and would hope for a telephone hearing).

it four hours away by car. Yes im planning on calling and seeing if they can re allocate. 

My question is how do I proceed with responding to this order? What form do I need to complete? How does one respond to a CMP Part 3 of CPR 1998? What fee would I need to pay to have 'it' (what are they referring to? the ccj? I thought it was set aside already?) set aside, varied or stayed? 

Coupon-mad

You are not doing any of that.  As I already advised, you are not applying nor paying a £108 fee.  You are just querying it.

BangeF2

Coupon-mad said:

You are not doing any of that.  As I already advised, you are not applying nor paying a £108 fee.  You are just querying it.

ok so if i dont respond at all to it, then what will be the outcome? im confused. 

Coupon-mad

That wasn't my advice.

I never said 'don't respond at all'.

BangeF2

Coupon-mad said:

That wasn't my advice.

I never said 'don't respond at all'.

then what is your advice? Just to query it via telephone? im not sure how this is a direct act in dealing with the order as it says I need to make an application?

What are my options in dealing with this order? Ive looked online but there isnt any clear guidance as to how to deal with this? What application do I need to make? 

Please can you be explicit and clear with your replies to avoid wasting time. 

I already called them and they said they didnt have the file to hand and to all back on Monday. 

Coupon-mad

Coupon-mad said:

How far away is it?  

You could respond saying it seems like an error as both parties are in London.  Worst that can happen is they say 'get lost' or 'if you want to object to this Order. pay a fee (in which case you wouldn't pursue it and would hope for a telephone hearing).

As above.  That's my advice.

When I said 'respond' I didn't mean make a phone call, that would be worth the paper it's written on.  

Given where you are at in a very long court process where you know everything has to be put in writing, I'm surprised if advice to 'respond' wasn't clear (but to be explicit, no, not a phone call).

What I am wondering though, is if the court has passed it to a fully independent Circuit judge (elsewhere) to review and hear the case,  because up until now you've been banging you head against a brick wall with the local Judges.

That might be a good thing but four hours by car seems extreme!