County Court Judgment

63realfan

Coupon-mad said:

Yeah I looked on the link but the details we're completely different to my situation. I cannot put about stopping briefly.

Yes you can...

No problem, I'll add that then. Apologies, not very good at this stuff

KeithP

63realfan said:

Coupon-mad said:

The bank statement and/or utility bill & council tax showing your current address is relevant to any set aside application where a claim form went to an address where you don't live!

It is standard stuff to go with a CCJ set aside WS.

I am surprised this isn't obvious... that you need this evidence in your application bundle. Clearly (if it is your case that the claim went to an old address) you must evidence the NEW address and the month/year when you moved, and state that you were 'there to be found' had the C properly done the checks that the BPA Code requires them to do.

I understand what you're saying but I've not moved address since I was born so is that really viable for my case? I don't have any old address, I've always been at the same address and never changed my address. I do have a apartment in Reading but my sister lived there and I never went there or put that address down as there. Is there any need for me to include any of that? 

Of course you need to prove to the court that you were there to be found, and that the Claimant failed to do that.

Why are you trying to avoid doing this?

63realfan

KeithP said:

63realfan said:

Coupon-mad said:

The bank statement and/or utility bill & council tax showing your current address is relevant to any set aside application where a claim form went to an address where you don't live!

It is standard stuff to go with a CCJ set aside WS.

I am surprised this isn't obvious... that you need this evidence in your application bundle. Clearly (if it is your case that the claim went to an old address) you must evidence the NEW address and the month/year when you moved, and state that you were 'there to be found' had the C properly done the checks that the BPA Code requires them to do.

I understand what you're saying but I've not moved address since I was born so is that really viable for my case? I don't have any old address, I've always been at the same address and never changed my address. I do have a apartment in Reading but my sister lived there and I never went there or put that address down as there. Is there any need for me to include any of that? 

Of course you need to prove to the court that you were there to be found, and that the Claimant failed to do that.

Why are you trying to avoid doing this?

I’m not trying to avoid it at all? I just don’t understand why this has suddenly been brought up today and not all these months before and if it is relevant to my case which I don’t see how it is. I’ll add it fine but quite honestly I don’t really understand what I’m talking about with hence why I’m asking for more information as to what is the purpose of adding it. Sorry btw I’ll just not bother asking anymore questions if you think I’m purposely trying to avoid something.

Coupon-mad

Sorry - I apologise for any misunderstanding - I think we were all just blithely assuming that they served the claim to an old address because that's what we see in 99% of CCJ set aside cases.

And we never have time to read back ten pages to find out it's one of those rare ones where something else happened.  Yours is actually about a claim addressed to the right address but the Postal Strike lost it in a black hole, yes?

So in your (quite rare) case there is no need to prove any address.

BUT a strong draft defence could tip the balance in your favour.

63realfan

Coupon-mad said:

Sorry - I apologise for any misunderstanding - I think we were all just blithely assuming that they served the claim to an old address because that's what we see in 99% of CCJ set aside cases.

And we never have time to read back ten pages to find out it's one of those rare ones where something else happened.  Yours is actually about a claim addressed to the right address but the Postal Strike lost it in a black hole, yes?

So in your (quite rare) case there is no need to prove any address.

BUT a strong draft defence could tip the balance in your favour.

No problem at all - I was thinking if it was this way & it was a misunderstanding. Otherwise I would have been super anxious. Yes no I understand that & respect that. It is the right address but postal strike issues! 

Thank you, appreciate everything you’ve done alongside everyone else regardless. Apologies if I came across angry. I’ve been so stressed from this today to the point I’ve cancelled all my jobs for the day to sort it out.

do you think there is anything else I need to add to my defence? ^^ 

63realfan

Did see on an email that they may not be able to get any documents submitted 48 hours before to the judge for the day so hopefully these do get to them in time!

63realfan

Morning @Coupon-mad - I reworded a few things and have submitted. Thank you for your help. 

Last question - if they ask who I had I help from what do i say? 

B789

63realfan said:

Morning @Coupon-mad - I reworded a few things and have submitted. Thank you for your help. 

Last question - if they ask who I had I help from what do i say? 

Why would you be worried about that? Tell the truth.

Le_Kirk

1505grandad said:

Should WS be written in first person?

Yes it should and the defence requires a number for every paragraph.

63realfan

@Coupon-mad - next issue. I’ve received this this morning from DCBL which is probably going to shoot me in the foot - 

Dear Sirs,  

  

We act for the Claimant in the above matter. 

  

  

The Defendant has just this morning served their Supplementary Witness Statement and Draft Defence on us ahead of the Hearing tomorrow at 10:00.

  

We believe this to be unreasonable as we have not been provided with sufficient time to review the Defendant's documents, given they have served such on us the day before the Hearing.

  

Furthermore, they have failed to comply with Practice Direction 23A 6.11 which states "Where a document is required to be filed and served the party or the designated legal representative must do so no later than 4pm at least 2 days before the hearing". The Defendant has been provided with sufficient time to serve their documents on us, yet they have waited until the day before the Hearing - putting the Claimant at a disadvantage.

  

It is for this reason we ask that the Defendant should not be allowed to rely on their documents.