CCJ from Old Address - Seeking Advice on Draft Order and WS

Troublesum1

Ugh this is very frustrating, I've called the court, they told me I can request an adjournment and sent the details for doing so:

A court hearing can only be adjourned in one of two ways.

 

1.        By consent order of all parties.

            There is no fee payable for the consent providing it is received at Court at least 14 days before the hearing and seeks only an adjournment. If the consent is received within 14 days of the hearing then a fee is payable. Please see the leaflet Civil and Family Court Fees (EX50) available at any county court or from the court service web site at www.justice.gov.uk for a list of the up to date fees. Or you can ring the courts telephone County Court Enquiries on 0344 892 4000 who will also be able to tell you what to do if you are unable to pay the fee.

 

2.        By order of the court.

            If you are unable to obtain the consent of all the parties you may apply to the judge for an adjournment.

NOTE – There is no guarantee that the adjournment will be granted. Each case is looked at separately and the Judge could either grant or refuse the application or make any other order he sees fit.

To do this you will need to complete a general application form (N244) available from any county court or through our web site. Form N244: Make an application to a court ('application notice') - GOV.UK (www.gov.uk) This application also carries a fee which is payable no matter when it is lodged with the court. Please see the leaflet Civil and Family Court Fees (EX50) EX50 - Civil and Family Court fees (publishing.service.gov.uk)  

 

If you are unable to attend due to medical reasons a letter from your doctor supporting this fact will be required, along with the application, and a date of when you would be fit to attend.

 

If you send a letter, it will be placed on the court file without any further action. If the court does not receive any application, as above, then the hearing will go ahead as planned. At the hearing the Judge will consider your e-mail/letter and make an appropriate order which may include continuing with the hearing in your absence.

 

Email address for the court is xxx

 

Please make sure you include the word ‘Urgent’ in the subject line along with the case number and the hearing date.

If you are making an application, you can also include the words ‘urgent application for issue’.

You can request a call back in your covering email if you would like to pay the application fee by card.

Just make sure you include a contact telephone number and you will need to be able to accept calls from withheld/private numbers.

I feel like I should go down the route of "medical reasons" but it's fairly hard to get a doctor's letter, I have a bunch of midwife notes that clearly state induction is planned for the 7th. We're also due in the hospital today for a check so maybe I can get a letter done. The more confusing part is this "application" they want filled out. It seems to be more suited to requesting an order for the whole case? Should I just be treating it as an order for getting the court date ajourned? For example it asks, "How do you want to have this application dealt with?" Should I answer without a hearing? Since I don't want there to be a whole hearing to decide whether to adjourn the current hearing - but I do definitely want a hearing for the case itself.

Any help would be greatly appreciated!

Coupon-mad

You don't have much choice but to apply with a medical letter.

I don't understand why you didn't put the whole of November as unavailable on your DQ, months ago...but too late now.  Babies are often late.

DON'T say you are available before Xmas. 

You aren't, just in case your partner has a caesarean in the end (which I did, 3 times, and the first was an unexpected one. Puts the mother out of action and vulnerable; needing help/unable to lift things or drive for 5 or 6 weeks).

Hope it goes more smoothly for you though!

Troublesum1

Coupon-mad said:

You don't have much choice but to apply with a medical letter.

I don't understand why you didn't put the whole of November as unavailable on your DQ, months ago...but too late now.  Babies are often late.

DON'T say you are available before Xmas. 

You aren't, just in case your partner has a caesarean in the end (which I did, 3 times, and the first was an unexpected one. Puts the mother out of action and vulnerable; needing help/unable to lift things or drive for 5 or 6 weeks).

Hope it goes more smoothly for you though!

Thanks Coupon. It was a poor decision from me. I just never imagined baby would be this late, new parent syndrome I guess. Fortunately MIL is due to arrive on Friday so I should be ok even in the case of caesarean - although this might be me being stupid again. Any idea the fee that might be charged here? And is there any way it can be claimed back from Claimant or something?

Also do you think a MAT1B certificate and some exerts from the midwife notes will suffice or will I need the hospital to actually write me up a letter? Thanks again.

Coupon-mad

No idea of the fee but they gave you a link.

I think you'll get a letter of admission today re the Induction (if not, ask them to print you off proof as you need it today). You can't hang about.

Troublesum1

Coupon-mad said:

No idea of the fee but they gave you a link.

I think you'll get a letter of admission today re the Induction (if not, ask them to print you off proof as you need it today). You can't hang about.

Link doesn't work

I looked up some guidelines and there's prices but nothing that obviously applies to this situation. Am I ok to send in the application with MAT1B and notes and add disclaimer that I've done it in the interests of time and I can get a doctor's letter later today if required?

Coupon-mad

Yes do that then phone the court and pay the fee over the phone. I think it's about £120...

Troublesum1

Coupon-mad said:

Yes do that then phone the court and pay the fee over the phone. I think it's about £120...

Ok something really strange is happening, I'm submitting the application and its getting knocked as undelivered:

Your message wasn't delivered because the recipient's email provider rejected it.

EDIT: It also says:

enquiries.xxx.countycourt@justice.gov.uk
Remote server returned '550 5.7.520 Message blocked because it contains content identified as spam. AS(4810)'

I've double checked the email address.

EDIT: I now put all the files in a .zip file and the email appears to have been accepted. Still waiting on the email receipt

Coupon-mad

You put URGENT in the subject line as they said, and are on the phone to pay anyway?

Troublesum1

Coupon-mad said:

You put URGENT in the subject line as they said, and are on the phone to pay anyway?

I put "Urgent" but didn't get on the phone I had to go with my wife to hospital to monitor baby, I will call them first thing tomorrow! Thanks Coupon.

Troublesum1

Morning All,

I called them and they told me to wait for the court to call back, they seemed to have no access to any emails, it basically seemed like I was talking to a receptionist rather than anybody actually at the court. They said they think the auto replies have been turned off and they're pretty sure the email would have been received.

Never a dull moment..