Civil Enforcement CCJ set aside. Wording help please.

Coupon-mad

You aren't meant to copy Jack's WS verbatim if it talks about phone calls that aren't relevant.  Put in things that are relevant to showing that CPR 13.2 (or alternatively 13.3) is engaged and the CCJ must be set aside.

We were only showing you his example, to show you a good version of the 'bundle' you need to put together in terms of a N244, a draft Order (a word doc with blank dates for the Judge to use), a signed/dated WS saying that the Claimant is at fault for failing to check your last known address (a failure because their trade body Code of Practice doesn't allow them to just use the old DVLA data they got months before, because it's unsafe to assume that unreliable data is good for service of a court claim).

vincentvega27

Coupon-mad said:

You aren't meant to copy Jack's WS verbatim if it talks about phone calls that aren't relevant.  Put in things that are relevant to showing that CPR 13.2 (or alternatively 13.3) is engaged and the CCJ must be set aside.

We were only showing you his example, to show you a good version of the 'bundle' you need to put together in terms of a N244, a draft Order (a word doc with blank dates for the Judge to use), a signed/dated WS saying that the Claimant is at fault for failing to check your last known address (a failure because their trade body Code of Practice doesn't allow them to just use the old DVLA data they got months before, because it's unsafe to assume that unreliable data is good for service of a court claim).

OK thank you kindly i'll forget about the annexes then.

vincentvega27

Hello

Coupon-mad said:

You aren't meant to copy Jack's WS verbatim if it talks about phone calls that aren't relevant.  Put in things that are relevant to showing that CPR 13.2 (or alternatively 13.3) is engaged and the CCJ must be set aside.

We were only showing you his example, to show you a good version of the 'bundle' you need to put together in terms of a N244, a draft Order (a word doc with blank dates for the Judge to use), a signed/dated WS saying that the Claimant is at fault for failing to check your last known address (a failure because their trade body Code of Practice doesn't allow them to just use the old DVLA data they got months before, because it's unsafe to assume that unreliable data is good for service of a court claim).

Hi there,

I have received a General Letter of Judgement from the court stating:

24th September 2022

Before Deputy Judge XXXX at XXXXX

Upon neither party attending

It is ordered that:

1 Application adjourned generally with liberty to restore

2  If no application to restore within 28 days of date of order, application will be deemed withdrawn.

Dated 6th September 2022


What do I need to do with this? Thanks!

Le_Kirk

Why didn't you attend?  Is it a CCJ set-aside hearing?  If so you do want a hearing otherwise the CCJ will sit on your credit file.  I would do what the letter states and send an application to restore, which might cost a fee.    Of course, if you were not advised of a date that is a different matter!

Grizebeck

Yes if you had the hearing date then why on earth didn't you attend

Coupon-mad

I hope the court had your correct postal address from you and you didn't omit to tell them not to use the wrong address on the claim form?  Surely you primed someone reliable at home to open and alert you to letters, given you knew a court hearing date would arrive?

Did you inform the court of this:

"I currently am no longer living in the UK (Brazil) so will need to do any hearings via phone."

Apply to reinstate and confirm the right address for service of letters (UK address where someone will open your mail quickly and will tell you).

And tell them you live in Brazil, plus list any dates in the next 4 or 5 months, when you absolutely cannot attend a phone hearing.

vincentvega27

Coupon-mad said:

I hope the court had your correct postal address from you and you didn't omit to tell them not to use the wrong address on the claim form?  Surely you primed someone reliable at home to open and alert you to letters, given you knew a court hearing date would arrive?

Did you inform the court of this:

"I currently am no longer living in the UK (Brazil) so will need to do any hearings via phone."

Apply to reinstate and confirm the right address for service of letters (UK address where someone will open your mail quickly and will tell you).

And tell them you live in Brazil, plus list any dates in the next 4 or 5 months, when you absolutely cannot attend a phone hearing.

Hi, I wasn't informed of any hearing date. I received a transfer of hearing back in may, then nothing else.

The court was informed of my UK forwarding address and the fact that I am now living in Brazil but nothing came through about a hearing. God how annoying.

What can I do about this?

vincentvega27

How do I apply to reinstate? Is it as simple as sending a letter explaining the situation?

Coupon-mad

Ring the court to ask who to send a complaint email to and state that you think the Hearing Notice wasn't sent to the right address.  Even if it was, they knew you lived in Brazil and required a telephone or video hearing for your application and you were never emailed with hearing joining details. 

See what they tell you and get a name.

Then once you have a name of the court manager to direct it to, send an email explaining that no notice of hearing date was received, despite supplying the court with a forwarding address, state that you live in Brazil and the court was aware also of your email address but sent no email about joining a remote hearing either.

Hence you had no idea a hearing was scheduled and you request that this email should be treated as an application to reinstate, and should be placed before the Judge urgently. You have already paid £275 for your CCJ set aside application and because the lack of communication and lack of facilitating a remote hearing appears to be a case of court oversight, you trust you will not be required to pay a second application fee.

ATTACH A NEW (WORD DOC) DRAFT ORDER.

One that says what you want the Judge to order, something like:


UPON reading the Defendant's email and noting that the Defendant lives in Brazil and despite using a forwarding address, was not aware of the hearing date and was not facilitated with a method to join remotely;

IT IS ORDERED THAT the Defendant's original application be reinstated and a remote hearing by telephone or CVP be set on the first available date.

vincentvega27

Coupon-mad said:

Ring the court to ask who to send a complaint email to and state that you think the Hearing Notice wasn't sent to the right address.  Even if it was, they knew you lived in Brazil and required a telephone or video hearing for your application and you were never emailed with hearing joining details. 

See what they tell you and get a name.

Then once you have a name of the court manager to direct it to, send an email explaining that no notice of hearing date was received, despite supplying the court with a forwarding address, state that you live in Brazil and the court was aware also of your email address but sent no email about joining a remote hearing either.

Hence you had no idea a hearing was scheduled and you request that this email should be treated as an application to reinstate, and should be placed before the Judge urgently. You have already paid £275 for your CCJ set aside application and because the lack of communication and lack of facilitating a remote hearing appears to be a case of court oversight, you trust you will not be required to pay a second application fee.

ATTACH A NEW (WORD DOC) DRAFT ORDER.

One that says what you want the Judge to order, something like:


UPON reading the Defendant's email and noting that the Defendant lives in Brazil and despite using a forwarding address, was not aware of the hearing date and was not facilitated with a method to join remotely;

IT IS ORDERED THAT the Defendant's original application be reinstated and a remote hearing by telephone or CVP be set on the first available date.

Wow, so helpful. Saved my bacon again. Will be my first port of call monday morning. Thanks a million.