Surprise CCJ Dilemma

1505grandad

For consistency  -  you have many instances where you quote the correct spelling of "Judgment" except for this:-

"1.5.1 I discovered a County Court Judgement (CCJ)........."

Le_Kirk

YorkshirePudd said:

Coupon-mad said:

How will you explain what looks like sitting on your hands for a year?  Pandemic or family concerns?

@Coupon-mad I have a paragraph explaining that, would you mind taking a look if I PM you it please?

Just post it on the forum and that way the regulars will be able to take a look and advise you, especially if @Coupon-mad is not on-line for any reason.  Her in-box also tends to be full.

YorkshirePudd

Le_Kirk said:

Just post it on the forum and that way the regulars will be able to take a look and advise you, especially if @Coupon-mad is not on-line for any reason.  Her in-box also tends to be full.

@Le_KirkI understand that it would be best to explain the delay,  but for a mandatory set aside my understanding is that there is no time limit.  It's not like I have wasted the court's time as I've tried to make sure I was in a position to make things more efficient for them by taking the time to present to them what they need to make a decision?

Do the parking companies or their associates have to explain to the courts their massive delays between sending out their invoices/collection letters and taking court action?

Ok so here is the paragraph in which I attempt to explain the delay (have not yet adjusted the paragraph numbering):

1.5.6 Extenuating Circumstances – There has been a delay of approximately one year in my applying for the Default Judgment to be set aside for which I apologise.  The CCJ was discovered whilst I was isolating due to having tested positive for coronavirus, in that time I became unwell with the virus and was not physically able to work, nor undertake the work required to research for and make this application to the court.  During this time my mother also became unwell, in February 2021 she was admitted to hospital and diagnosed with terminal metastatic breast cancer.  In March 2021, it seemed likely that her death would be imminent.  Since her discharge from hospital to live at home alone, where she wishes to remain, I have been her sole carer whilst being a working single parent of two children.  I remained working during the pandemic as a key worker – ***reference to professional body registration number *** and a screen shot of the register is provided (Appendix 4) while simultaneously caring for young children and my mother.  While my mother’s prognosis remains very poor and her health is continually fluctuating, I have recognised that this application needed to be made and have used any free time I have had to do this.

Coupon-mad

That's fair enough.  Sorry to hear this.

Don't add it to this WS but it would be the answer if the Judge asks, plus an opportunity to remind the Judge that you are primarily relying on 13.2 of the CPRs which has no requirement to act promptly and is mandatory on the courts, not discretionary like 13.3.

YorkshirePudd

Coupon-mad said:

That's fair enough.  Sorry to hear this.

Don't add it to this WS but it would be the answer if the Judge asks, plus an opportunity to remind the Judge that you are primarily relying on 13.2 of the CPRs which has no requirement to act promptly and is mandatory on the courts, not discretionary like 13.3.

Thank you @Coupon-mad

So just to be clear - get rid of that paragraph and don't mention the delay at all in the witness statement?

Would it be appropriate to put something about this in a covering letter as there are some dates that I wouldn't be free to attend a hearing due to inflexible hospital appointments?

Coupon-mad

Yes that is what I would do.

YorkshirePudd

Morning all...the set aside Hearing is this coming Monday.  Have been trawling through posts trying to prep for Court but getting myself into a tizz...do I need to send anything further to the courts/excel in addition to the original application and witness statement.  I had it in my head that I didn't but now I'm doubting myself at the last minute.

Le_Kirk

If you have complied with the notice of allocation and submitted your witness statement, evidence and summary costs assessment in time then there is nothing more to send.  Is it a F2F hearing or over video/phone?  If F2F, then just turn up with copies of everything for your use.  If it is video/phone, have you supplied your contact details - probably requested on the notice of hearing?

YorkshirePudd

Thanks for your reply Le_Kirk

I submitted the witness statement with the N244 and asked for costs in the draft order but have not written a costs assessment.  Saw in another thread Judge said to send through a N294 for costs, post Hearing.  Should I send through something now?

Hearing is virtual, have confirmed contact details with Court as demanded on Hearing Notice.

Coupon-mad

You should send your costs assessment the week before the hearing.  If your WS didn't mention the fact that added debt recovery costs are now banned by Government (and Neil O'Brien called the false fees 'designed to extort money from motorists') then also send a short supplementary WS adding that.