CCJ - Unsure If I can fight it!

BangeF2

Coupon-mad said:

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!

This is so long winded its ridiculous. 

Thanks for your reply. That puts things into context.

I called again and will be emailing to question the order decision to move it to a new town four hours away! The lady on the phone state its been passed onto a district judge and he is back in today and will probs send a letter soon to decide how to move forward. 

BangeF2

Update: 

Its been passed onto yet another court, now in London (closer but not near where I live but meh - whatever) 

Letter continues to say:

An 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. 

But what the hell does this mean? I can't make sense of this or what I need to do? 

@Coupon-mad help? Welp even. 

Coupon-mad

Just standard wording. Because they made an order, either party can object. You don't.

BangeF2

ok so the date is coming up where I will be attending court to discuss the ccj claim. The only thing I have to say is that the claimant sent the order forms to the wrong address when they sent the order notice to the right address. They've prepared and sent a major pack of all the times Ive parked somewhere and shared pictures of their signs but the entire CCJ claim and my dispute is that they had te correct address but failed to service the order forms at the right address. 

Im just wondering what I need to prepare and take with me (apart from the obvious evidence of them using the correct address for the notice letter) and how to present these in court. Is there a demo video of how I can set myself up well for the day?

Coupon-mad

 The only thing I have to say is that the claimant sent the order forms to the wrong address when they sent the order notice to the right address.

Order forms?
Order Notice?

Neither of those terms mean anything to us.

And you MUST prepare more than this!

Here you go, preparation for a CCJ set aside hearing has all been discussed just days ago on the thread by @DryShake

https://forums.moneysavingexpert.com/discussion/comment/79689484#Comment_79689484

Done your skeleton argument yet, attaching all the 4 case authorities and the relevant Code of Practice?

As coached and linked by Brokenchief in his thread?

Practised how to draw your Judge's attention to those case authorities to successfully put across the '4 months later an unserved claim is dead' argument?

Got your ducks in a row about your defence in case the Judge is not with you about the claim being dead?  Seen how the poster called verdomde nearly lost the whole thing by lack of preparation/defence?

All are linked in DryShake's thread.

HTH

BangeF2

Feel clueless as the courts letter didnt say that the D needs to prepare anything but reading the link thread has obviously suggested otherwise. 

So in the letter with the court invite, it only said the C needs to submit paper work to argue the set aside, which they did but I have not sent anything to the courts but now I think I should have. Is this right? 

Do I need to prepare the WS, Defence etc as i did for the N244 form and file again to the court? or just print and take it with me? 

I have done none of the below but I will.

''Done your skeleton argument yet, attaching all the 4 case authorities and the relevant Code of Practice?

As coached and linked by Brokenchief in his thread?

Practised how to draw your Judge's attention to those case authorities to successfully put across the '4 months later an unserved claim is dead' argument?

Got your ducks in a row about your defence in case the Judge is not with you about the claim being dead? (which defence case is best to present if this happen?!) 

Seen how the poster called verdomde nearly lost the whole thing by lack of preparation/defence?''

Do I need to file this to the court BEFORE attending or just print enough copies and take it with me to present? how does this all work?

I wonder if anyone from the C will even turn up. 

Again this is all so ridiculous - its been three years, and it feels like im about to go film some netflix 'law and order' episode. 

Coupon-mad

Yes you have to file & serve everything in advance that you intend to rely on.

Did your N244 attach a WS already?

Did you send proof already of your house move?  If not, that goes with a WS now.

And a word document 'Draft Order' with blank dates.

Copy what Brokenchief did.

Got your ducks in a row about your defence in case the Judge is not with you about the claim being dead? (which defence case is best to present if this happen?!) 

The Template Defence, top of this forum!

Edited to add:

I see your thread is so long because you are the person who had one set aside agreed and one refused:

"I appealed the decision made not to set aside".


IMPORTANT:

What is this hearing actually to hear?  Your appeal against the refusal to set aside?

If so then you need the legal arguments as to why the first Judge was wrong.