Advice for CCJ - Not in country when served

NotAnotherOne

Coupon-mad said:

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.

I rang the court today and was told that the letter is a template, so I could ignore that paragraph. One less thing to worry about.

In regards to the order in my N244 I ordered that the judge set aside the court order and to have the initial claim relisted on the basis of having every intention to attend the initial hearing.

I also provided evidence of that in my witness statement which is what I assumed we will be going over on this particular hearing as that WS has already been served. 

Just to confirm your advice, do you think it's worth also serving the initial WS against UKPC for the hearing that was supposed to take back for the initial CCJ? 

Or will the judge completely disregard that until he sets what should be another hearing date?

Also I will ensure submit my case details to the Justice Committee this evening as the deadline looms

Coupon-mad

Yes I would do, because the Judge might wish to deal with both applications to save judicial time.  Reattach ALL exhibits that supported both applications.

You can state the above in the body of your email as the reason for the submission (copy in the C's solicitors).

And state that the two applications dated (GIVE BOTH DATES) and all exhibits appended at the time represents your side of the 'bundle' and if the Claimants will be providing a full bundle including the Claimant's Witness Statement (if any) from 2023 they must include all of the above.

Have you done your response to the Justice Committee? Your case is shocking evidence of error-filled mistreatment of a consumer wronged by a Parking firm.

Closes this Weds.

NotAnotherOne

Coupon-mad said:

Yes I would do, because the Judge might wish to deal with both applications to save judicial time.  Reattach ALL exhibits that supported both applications.

You can state the above in the body of your email as the reason for the submission (copy in the C's solicitors).

And state that the two applications dated (GIVE BOTH DATES) and all exhibits appended at the time represents your side of the 'bundle' and if the Claimants will be providing a full bundle including the Claimant's Witness Statement (if any) from 2023 they must include all of the above.

Have you done your response to the Justice Committee? Your case is shocking evidence of error-filled mistreatment of a consumer wronged by a Parking firm.

Closes this Weds.

I am currently writing the response to the Justice Committee this evening in regards to this evidence that I am providing to the Justice Committee, excuse me naivety an misunderstanding as how to approach this, I am writing a statement that provides a timeline of events, however when it states I should provide evidence, in which form should I be doing this? Just as a timeline of events listed in tex? Or should I also be providing pictures of the Court Order letters I have received and N244's I have sent along with my witness statements?

Would appreciate any guidance on this. 

Coupon-mad

Entirely up to you. but the Inquiry seems to only accept a Word doc as an attachment.

There is no wrong answer!

Just answer their questions and say that the public and the courts are being taken for a ride by a rogue industry that the DLUHC is working to curb.

NotAnotherOne

Hey here,

I have my county court date coming up next Friday 12th April regarding missing the original court date due to the phone call not connecting with the courts at the time of my remote hearing. 

The claimant has submitted their draft order for the court date next week, they have also said they will not be present, my problem is, I don't fully understand their draft order.

I'm not sure if I can share the draft order here, but if I can I would appreciate if someone could check it and give me some clarity. 

NotAnotherOne

From my understanding.

The Judgment entered on 30/12/2021 is set aside;

The matter be allocated to the Small Claims Track

What does that mean? What is a small claims track? 

And I have 14 days to submit a defence, the email was received 11 days ago. Which means I need to submit my original defence by Monday

Where do I submit this original defence? 

And will I still need to attend the court hearing on the Friday 12th April? 

@Coupon-mad would really appreciate your help in trying to understand this letter. 

Le_Kirk

Perhaps you should show us the letter, just redact any personal information.

NotAnotherOne

This is the letter that was received in email: 

We write in relation to the above matter wherein we are instructed to act on behalf of the

Claimant.

We have received the Defendant’s Application dated 21/03/2023 and note the content.

Within the Defendant’s Application they request for the previous order to be set aside as

they were not able to attend the Hearing as the call disconnected and evidence provided

confirms such.

As previously stated, It is the Claimant’s position that Claim Form was correctly served at the

Defendant’s last known address pursuant to CPR 6.9. Pursuant to CPR 6.9(3), the Claimant

took all reasonable steps to ascertain the Defendant’s current address by conducting a trace

and this trace result provided the Claimant with ‘knowledge’ of the Defendant’s address. For

the avoidance of doubt, the Claim Form was served at the address confirmed within the

Defendant’s Application.

Despite the above, we propose the enclosed Draft Order on the basis that the Claimant

accepts that the Defendant did not receive the Claim Form and therefore, did not have the

opportunity to defend the claim. We see no reason as to why the Defendant would oppose

the Draft Order.

We respectfully excuse our Client’s attendance at the hearing on 12th April 2024. This is

meant with no disrespect to the Court, but is a decision made to save incurring any further

costs.

UPON considering the Defendant’s application dated 21/03/2023;

AND UPON the Claimant accepting that, although the Claim was correctly served at the Defendant’s last known

address pursuant to CPR 6.9, the Defendant did not receive the Claim Form and therefore did not have opportunity

to defend the Claim;

AND UPON the Claimant accepting that, in view of the above, there is some good reason for the Judgment to be

set aside pursuant to CPR 13.3;

IT IS ORDERED THAT: -

i. The Judgment entered on 30/12/2021 is set aside;

ii. The matter be allocated to the Small Claims Track;

iii. The Defendant is to file a Defence within 14 days of sealed Order;

iv. No order as to costs.

nopcns

They are agreeing that the CCJ from 30/12/2021 be set aside (expunged from your credit file).

As it is a claim for less than £10,000, it is assigned to the "small claims track". This is what is meant by the misnomer "small claims court".

As this is for a set aside, they are requesting that the original claim be reinstated (back to square one) and you submit a defence to the original claim by whatever deadline you were given in the original order.

They are requesting that they bear no costs for the set aside. As it was not your fault that the line dropped and you received a CCJ, has the court admitted responsibility and paid for the hearing? Who has paid for the hearing?

This bit is confusing: "Despite the above, we propose the enclosed Draft Order on the basis that the Claimant accepts that the Defendant did not receive the Claim Form and therefore, did not have the

opportunity to defend the claim." This is nothing to do with the defendant not receiving the clam form. It is all about the defendant did not have an opportunity to defend the claim at the original hearing due to a technical failure outside of their control.

Not_A_Hope

From my understanding you have now paid twice for a set aside hearing. The solicitors acting on behalf of the claimant are trying to dupe you and the court with their draft order and ‘No order as to costs’. If the claimant has been at fault you need to object to their draft order and request the judge orders your costs to be repaid.