Unexpected CCJ

verdomde

Hallo all, hope you are well.

So this hearing is coming up fast and I've had no further instructions. I am away from home the 25th to the 4th, with the hearing on the 6th.. Other than reading the posts of similar stuff is there any advice?

Coupon-mad

Remind us (because we can't read back 100 posts):

- hearing about your set aside application?

or

- hearing about the actual claim/PCN itself, AFTER you've already succeeded in setting the CCJ aside?

verdomde

Coupon-mad said:

Remind us (because we can't read back 100 posts):

- hearing about your set aside application?

or

- hearing about the actual claim/PCN itself, AFTER you've already succeeded in setting the CCJ aside?

The set aside application hearing

Coupon-mad

OK, so you've sent all you can already EXCEPT perhaps the lovely '4 months dead claim' skeleton argument and 4 case transcript authorities seen in the thread by @Brokenchief

You need to file & serve a similar one.

verdomde

"If the judgment (CCJ) is only dated June 2022 then you can't (yet) use the 4 months dead argument but may be able to by the time you get a hearing!"

I had assumed I wouldn't be able to use 4 moths dead at all, as I have since had letters from the court etc, glad to hear that now applies!

I'll check the brokenchief thread for how to 'file and serve' an argument for 4 m d

Coupon-mad

As I said "but may be able to by the time you get a hearing!"

Obviously you can because the claim has NEVER been properly served.  The C had every opportunity to post a copy since seeing your application.

verdomde

Hi, finding time to do this has been tough, on holiday abroad now but am going to try and do this, can I ask exactly how to 'file and serve' this skeleton defence? As I type I envision the answer being 'its in the noob sticky'. So off to do that..

Keeping this post though for now though, as am in a hurry and in case it's not in the sticky

Le_Kirk

Did you look at the thread by @Brokenchief?  Filing and serving just means send it to the court (filing) and to the claimant (serving).  Didn't you already submit a defence?  Are you trying to submit a skeleton argument about the 4 months dead?

verdomde

my defense was merely about the failure to use the right address, this is for 4 months dead now

Coupon-mad

verdomde said:

my defense was merely about the failure to use the right address, this is for 4 months dead now

That wasn't your defence, that was your WS about the set aside.