Satisfied CCJ - HELP!

Fruitcake

... and it is not a fine. That word gives it an air of legitimacy that it does not in fact have. The law is a pedant, so you must always use the correct terminology.

eb23456

Coupon-mad said:

None of that seems relevant to me, in your case.

Just had a letter from the court saying that the hearing is via phone on 9th August! Not long to go. What will the structure of the hearing be and how can I prepare?

Le_Kirk

Read some other posts by searching for the well known queen song either in full or as abbreviations AOBTD or Another One Bites the Dust and this will tell you about successful hearings, also search the forum for the telephone hearings thread, lots of people posted on it.  For preparation, just know your case, defence, witness statement and evidence WELL.  Know where to direct the judge to a particular point in your defence or WS by page number etc.  Make yourself a crib sheet outlining your critical points that you want to get across, do not get flustered, address the judge as Sir or Madam and only speak when the judge says it is your turn, unless you have a matter that you want to raise before the hearing proper such as the claimant not playing by the rules.  At the end, when you have won, don't forget to ask for costs and when the judge says no costs are available in small claims court, point to the rules (look them up) that say a defendant can claim up to £95 .............. oh and good luck.  The relevant rules is CPR 27.14: -
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

Coupon-mad

eb23456 said:

Coupon-mad said:

None of that seems relevant to me, in your case.

Just had a letter from the court saying that the hearing is via phone on 9th August! Not long to go. What will the structure of the hearing be and how can I prepare?

CCJ set aside hearing? What does it say you have to do and by when?

See recent set aside hearings on threads by:

@popiu44
@Jack5656

eb23456

Coupon-mad said:

eb23456 said:

Coupon-mad said:

None of that seems relevant to me, in your case.

Just had a letter from the court saying that the hearing is via phone on 9th August! Not long to go. What will the structure of the hearing be and how can I prepare?

CCJ set aside hearing? What does it say you have to do and by when?

See recent set aside hearings on threads by:

@popiu44
@Jack5656

Yes set aside hearing. I have the letter at home but won’t be back till early tomorrow morning. Will let you know the exact wording then; but all it says from memory is that it’s a set aside hearing with a judge on the telephone. It’s on August 9th but I don’t think it says what I have to do or anything. Will double check in the morning and update.

eb23456

Le_Kirk said:

Read some other posts by searching for the well known queen song either in full or as abbreviations AOBTD or Another One Bites the Dust and this will tell you about successful hearings, also search the forum for the telephone hearings thread, lots of people posted on it.  For preparation, just know your case, defence, witness statement and evidence WELL.  Know where to direct the judge to a particular point in your defence or WS by page number etc.  Make yourself a crib sheet outlining your critical points that you want to get across, do not get flustered, address the judge as Sir or Madam and only speak when the judge says it is your turn, unless you have a matter that you want to raise before the hearing proper such as the claimant not playing by the rules.  At the end, when you have won, don't forget to ask for costs and when the judge says no costs are available in small claims court, point to the rules (look them up) that say a defendant can claim up to £95 .............. oh and good luck.  The relevant rules is CPR 27.14: -
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

Hi, thanks for all this info! I haven’t written a defence, only a WS. Do I need to write a defence like other examples on here? Or just know what my defence is to the claim? 

Le_Kirk

For set-aside hearings we always recommend that you "have a defence in your back pocket".  In the pre-Covid days of F2F hearings that was literal but nowadays it is recommended to send an outline defence to the underlying claim; of course it all depends upon what the court instructions state and if you are going for a mandatory set-aside due to incorrect service or a set-aside under any other reason where one of the conditions is that the defendant has to have a realistic chance of defending the claim. 

eb23456

Le_Kirk said:

For set-aside hearings we always recommend that you "have a defence in your back pocket".  In the pre-Covid days of F2F hearings that was literal but nowadays it is recommended to send an outline defence to the underlying claim; of course it all depends upon what the court instructions state and if you are going for a mandatory set-aside due to incorrect service or a set-aside under any other reason where one of the conditions is that the defendant has to have a realistic chance of defending the claim. 

Hi, I’m going for a mandatory set aside as they sent all letters to an address i haven’t lived at since 2018. So do I need to send a defence to the court? Or just have one ready for the hearing? I’ve attached the letter regarding the hearing below - doesn’t say anything about what I need to do in preparation. Does anyone know what it means by BT MEETME details though??

Coupon-mad

It means it's a telephone conference call hearing. Using 'BT MeetMe' ((Google it).  You must read those instructions and be ready early (and be prepared to wait in case the court hearings run late).


I can't recall if this was you or @paulr23

Did you file and serve (to the local court snd the legal team for the Claimant) a skeleton argument with the Boxwood and Marks&Spencer case transcripts appended to support the '4 months dead' argument, and a copy of the applicable Code of Practice, highlighting where it states that operators MUST check details before filing a claim? If not, copy what the other poster did if the claim was improperly served more than 4 months ago.

We deal with over 100 new posts on cases per day sometimes, so it's hard for us to recall which CCJ set aside case is which, but I seem to recall you paid them off because you had to, so there is no PCN to defend.  Just a set aside?

eb23456

Coupon-mad said:

It means it's a telephone conference call hearing. Using 'BT MeetMe' ((Google it).  You must read those instructions and be ready early (and be prepared to wait in case the court hearings run late).


I can't recall if this was you or @paulr23

Did you file and serve (to the local court snd the legal team for the Claimant) a skeleton argument with the Boxwood and Marks&Spencer case transcripts appended to support the '4 months dead' argument, and a copy of the applicable Code of Practice, highlighting where it states that operators MUST check details before filing a claim? If not, copy what the other poster did if the claim was improperly served more than 4 months ago.

We deal with over 100 new posts on cases per day sometimes, so it's hard for us to recall which CCJ set aside case is which, but I seem to recall you paid them off because you had to, so there is no PCN to defend.  Just a set aside?

Hi, you’re correct. I paid it off because I had to to get vetting approved for a job in the police (couldn’t wait to go to court else i would’ve been rejected).

I submitted a witness statement (somewhere on this thread) and a draft order to the court - nothing has been sent to BW legal or the claimant. Boxwood and M&S cases were included in the WS to support the 4 months dead argument. And i did include something about the code of practice but for some reason didn’t include it on the exhibit list 🤦🏻‍♀️🤦🏻‍♀️

I sent BW a consent order befor i filed but they didn’t respond in time (i gave them seven days) so I filed with the court where i live to have it set aside. I have had an email from BW Legal today which I’ll attach below. Not sure what to make of it / do now

In my original consent order I said no order as to costs - but in my draft order to the court i asked for the £275 fee to be covered by the claimant on an indemnity basis.