Advice for CCJ - Not in country when served

NotAnotherOne

Coupon-mad said:

You should apply (yep another N244) to set aside that Order, you don't need a hearing for this so the fee would be £108 I think.

You need to do this URGENTLY because you only have SEVEN DAYS to object to an Order from when you received it. 

You'd attach a draft order which sets out what you want the Judge to order, including setting aside the 17th February Order, reinstating your CCJ set aside application, re-listing that application for an attended hearing (in-person, to avoid connectivity issues happening again) on the first available date and ordering the £108 fee to be refunded due to the problem being caused by system failure, in that the court's call dropped out when the Defendant tried to accept it.  Also in view of the Overriding Objective and noting that the Defendant has already paid a £275 fee for their initial application, which included the cost of the court process and orders/Directions to enable a hearing, which they are entitled to attend without technical issues denying that right.

If you are lucky, maybe @Johnersh might find a few minutes to suggest some wording for the Draft Order...

Is the seven days rule strictly true? If so, then seven days have already passed since I received the letter. So now applying would be a waste of time and money 

Coupon-mad

Just send the N244 today with no fee and see how far it gets.  You can't let this happen to you.

NotAnotherOne

I'm trying to get through the document now 

Would this be sufficient as a draft order?

https://docs.google.com/document/d/1p0vANJG5UxAaKwZ__vTQs8ESOA64vM4Z/edit?usp=share_link&ouid=116195875911701111544&rtpof=true&sd=true

Also regarding providing the evidence of the email and the initial hearing date phone call answered evidence, I have screen shots but where can I present them? I was working through the N244 and wondered if I could present the images under number 10 of the document along with the checked box 'the evidence set out in box below' 

Would that be the formality in this case?

Coupon-mad

You attach them as PDF exhibits to a signed & dated Witness Statement.

1505grandad

"3. Reinstating (my) initial CCJ set aside application"

Should'nt (this) be "The Defendant's"

NotAnotherOne

2 years later..still waiting to have my say in court, so for those of you that have been following this thread. I have been given a court date of 12th April 2024 after there was technical difficulties for my initial remote court hearing in which failed and I had to appeal for after the judge made the assumption I did not make an attempt to attend the court hearing back in February 2023. 

I did appeal, and now it looks like I have to have a hearing for the appeal?!

I have received a notice of hearing application in which it states the hearing of the defendants application dated 21/03/2023 will be take place on the date etc..

It's not very clear, but from what I understand I will be going to court to have my initial claim relisted. 

As @co@Coupon-mad said I would not need to hearing for this, but it looks like I will have to having a hearing to have my initial claim relisted, despite already sending evidence that I did attempt to attend the initial hearing at the correct date and time but there was a technical fault. 

Coupon-mad

NotAnotherOne said:

2 years later..still waiting to have my say in court, so for those of you that have been following this thread. I have been given a court date of 12th April 2024 after there was technical difficulties for my initial remote court hearing in which failed and I had to appeal for after the judge made the assumption I did not make an attempt to attend the court hearing back in February 2023. 

I did appeal, and now it looks like I have to have a hearing for the appeal?!

I have received a notice of hearing application in which it states the hearing of the defendants application dated 21/03/2023 will be take place on the date etc..

It's not very clear, but from what I understand I will be going to court to have my initial claim relisted. 

As @co@Coupon-mad said I would not need to hearing for this, but it looks like I will have to having a hearing to have my initial claim relisted, despite already sending evidence that I did attempt to attend the initial hearing at the correct date and time but there was a technical fault. 

This is terrible.

You've lived with a CCJ for two years despite applying promptly to get it set aside?

Did you have to pay another fee for the March 2023 application?

How long is this hearing?

What's your deadline for sending your final evidence?

I would file & serve the WS for your original set aside application too, as well as proof that you had technical issues and immediately alerted the court to the failure.

I would also file & serve a copy of CEL v Chan and add a supplementary WS that the claim should be struck out for its CPR failures.

Coupon-mad

By the way, if anyone needs to do this vital Inquiry next week before it closes, it's you!

https://committees.parliament.uk/work/7972/work-of-the-county-court/

PLEASE PLEASE seize the chance this week to do a submission about your case to the Justice Committee. 

See this article on this vital new inquiry:

https://www.legalfutures.co.uk/latest-news/mps-launch-probe-of-growing-delays-in-county-court

The Association of Consumer Support Organisations (ACSO) started a campaign about it this year and said that “severe delays” at the CNBC in Northampton were “contributing to a damaging sclerosis in civil justice”.

ACSO executive director Matthew Maxwell Scott pointed to other research it had carried out that revealed a “postcode lottery” for court users, with average waits at 353 days but the variance from 251 days in the best-performing areas to 462 days in the worst.

“We’ve already urged the committee to ask experienced practitioners at the coalface why this is, and seek their help to set out sensible ideas for tackling the backlogs, be this through targeted extra resources, better use of digital modernisation or more alternative dispute resolution, where appropriate,” he said.

“Looking ahead, this inquiry should be a stepping stone to a full-scale commission on civil justice with the needs of consumers as its heart.”

Interested parties have until 17 JANUARY to make a submission to the committee as they extended the deadline.

NotAnotherOne

Coupon-mad said:

NotAnotherOne said:

2 years later..still waiting to have my say in court, so for those of you that have been following this thread. I have been given a court date of 12th April 2024 after there was technical difficulties for my initial remote court hearing in which failed and I had to appeal for after the judge made the assumption I did not make an attempt to attend the court hearing back in February 2023. 

I did appeal, and now it looks like I have to have a hearing for the appeal?!

I have received a notice of hearing application in which it states the hearing of the defendants application dated 21/03/2023 will be take place on the date etc..

It's not very clear, but from what I understand I will be going to court to have my initial claim relisted. 

As @co@Coupon-mad said I would not need to hearing for this, but it looks like I will have to having a hearing to have my initial claim relisted, despite already sending evidence that I did attempt to attend the initial hearing at the correct date and time but there was a technical fault. 

This is terrible.

You've lived with a CCJ for two years despite applying promptly to get it set aside?

Did you have to pay another fee for the March 2023 application?

How long is this hearing?

What's your deadline for sending your final evidence?

I would file & serve the WS for your original set aside application too, as well as proof that you had technical issues and immediately alerted the court to the failure.

I would also file & serve a copy of CEL v Chan and add a supplementary WS that the claim should be struck out for its CPR failures.

Yes, each appeal has taken months to get a response and then further months for the court date, I actually received this letter back in June, with the date for hearing in April. 

Yes I paid another fee

This hearing says estimated to be 30mins, 

Well in my notice of hearing of application it says the following: 

Not more than seven nor less than three clear days before the trial, the Claimant must file at court and serve an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 Civil Procedure Rules. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include a case summary and a chronology. Even where the trial is to be heard remotely, the Claimant should send to the Court a hard copy indexed and paginated bundle. Failure to lodge a hard copy bundle in accordance with this direction may result in the Trial being removed from the list.

This isn't something I had seen before. But yeah, I'm a little bit confused by it, how are the parties supposed to agree to the content f the bundle before it's filed? What do I need to do to ensure that happens? I have to wait until a week before the trial before submitting, so that's why it's been on the back burner since I got this notice of hearing, now I want to have it ready before the date gets too close. 

The evidence of technical issues and evidence that I immediately contacted the courts was submitted initially for this appeal along with a copy of an apology email from the court delivery manager for the technical issues.

Which is why I'm surprised that I am having to have a hearing for this appeal, I thought it was going to immediately put back to my initial appeal.

At this rate it will be 3 years before I get a chance to appeal the actual CCJ in court. 

Coupon-mad

I think you need to ring your useless local court and suggest that paragraph is there in error because this is a hearing for your application.  You can't ignore that Order but it's plainly wrong.

You are not the Claimant and that paragraph makes no sense.  The C (parking firm) can't prepare a paginated bundle about this application to reinstate your previous application to set aside the CCJ because it's all about what went wrong that day with the phone call cutting you off!

What EXACT order did your March n244 Application ask for?

At this rate it will be 3 years before I get a chance to appeal the actual CCJ in court. 

Shocking!  PLEASE show your evidence in a word document to the Justice Committee and tell them that the small claims system is systematically failing consumer Defendants whose credit has been trashed by a rogue parking firm.  These cases should be cheap & easy fast applications.

Tell them you've so far spent TWO YEARS and 2 x £275 fees to unpick a farce of a parking charge CCJ then the court let you down and blamed you.