CCJ without my knowledge

Ferrybird

Sorry I was asleep, I'm working nights.
However, you have much more experienced people commenting- listen to them!
I definitely put my local court down and my case was transferred there. But you must decide which is right / best for you on the information given.

Sebastian83

Coupon-mad said:

Yes that's correct, you are doing well.  What does your WS say?

At the moment, I'm still working on it. It's really not easy for me, but I make some progress. Also I have found my tenancy agreement that shows when I moved into my new address and also my enhanced DBS check which hopefully proofs my law-abidance (and my current address as well)

Coupon-mad

Sounds good; Judges need to be on your side!

Sebastian83

Coupon-mad said:

Yes that's correct, you are doing well.  What does your WS say?

So just to double-check: Only a witness statement, no draft order, no draft defense at the moment? This will come later prior to the first hearing when I have received all the information from court and PPC, right?

What is about this paragraph, that I find in many templates, should this be included in the first part of the witness statement, before I explain my personal circumstances why I couldn't defend the claim?

"I submit that the CCJ should be set aside under CPR 13.2 (a) as the claim form was never served.

CPR 13.2 states

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied


CPR 12.3(1) states

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

The relevant CPR for acknowledgment of service is cpr 10.3 which states

10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim"

Sebastian83

Update:

I was writing on my witness statement till 5am, have copied all my bills, tenancy agreement, etc.
Now I will try to make a pdf file out of all the paperwork and send it to the Court on Monday, after I have called my local Court to ask them if they want me to send it to them or to the Business Centre in Northampton.

Umkomaas

The Northampton CCBC is completely out of the picture once the case has been allocated to the Defendant's local court.   Anything you send to your local court must be also copied to the Claimant's solicitors. 

Coupon-mad

after I have called my local Court to ask them if they want me to send it to them or to the Business Centre in Northampton.

Please don't do that.

Redx

This is a set aside so everything is done in reverse

No local court has been allocated , yet

Sebastian83

Coupon-mad said:

after I have called my local Court to ask them if they want me to send it to them or to the Business Centre in Northampton.

Please don't do that.

Oh, I thought this is what I was supposed to do on Monday?
Shall I just send it to my local court then?

Coupon-mad

I would, although they might send it on to the CCBC so it is an odd system!