CCJ letter with no prior claim form SOUTHGATE PARK STANSTEAD

jammers1237

Coupon-mad said:

jammers1237 said:

Thanks all, I’m drafting my WS and just checked do I have to pay £275 for application to set aside?

Yes but you've seen from reading a dozen recent CCJ set aside cases that it usually gets ordered that the Claimant pays you it back after the CCJ is set aside?

Not guaranteed but it's the ultimate aim as well as the whole claim being dismissed due to CEL v Chan that you need as an Exhibit.

The 3 point Draft Order is a separate Word doc (not signed) and it must match what you are asking for in the N244.

Thank you, so the 3 point draft order just needs to say

1 set aside the judgment 
2 the claimant pays defendants costs of application 
3 a finding of unreasonable conduct by this claimant ?

im so sorry for all my questions it’s all baffling me - thanks so much for your help 

Coupon-mad

Nope.  Look at recent CCJ threads this month.  You are only baffled because you haven't looked for/found all the other CCJ set aside threads in October citing CEL v Chan.

We will not link any such threads, because that would be us doing the forum search for you (not good use of the forum for you).

jammers1237

Coupon-mad said:

Nope.  Look at recent CCJ threads this month.  You are only baffled because you haven't looked for/found all the other CCJ set aside threads in October citing CEL v Chan.

We will not link any such threads, because that would be us doing the forum search for you (not good use of the forum for you).

Okay, I think I’ve found what I need. I’ve got the format right from other posts I believe? So this would be my draft order: 


upon reading the defendants application dated xx/xx/2023  and the annexed witness statement of xxDefendants namexx dated xxxxx


it os ordered that: 

1. the judgment for claimant dated 16/xx/2023 is set aside on the grounds that the def BD and has not been validly served, as the claim form wasn’t received. 

2 the claiming to pay the defendants costs of this application £275 in addition £95 for time in preparation (5 hours as litigant in person at a rate of £19 per hour).

3. Order for original claim to be dismissed. 

Is this a suitable draft order?

Coupon-mad

on the grounds that the def BD?

Le_Kirk

jammers1237 said:

Okay, I think I’ve found what I need. I’ve got the format right from other posts I believe? So this would be my draft order: 

upon reading the defendants application dated xx/xx/2023  and the annexed witness statement of xxDefendants namexx dated xxxxx

it os is ordered that: 

1. the judgment for claimant dated 16/xx/2023 is set aside on the grounds that the def BD???? and has not been validly served, as the claim form wasn’t received. 

2 the claiming claimant to pay the defendant's costs of this application £275 and, in addition, £95 for time in preparation (5 hours as litigant in person at a rate of £19 per hour).

3. Order for original claim to be dismissed. 

You need to check this carefully, some hints above.

jammers1237

Sorry for all my typos..



upon reading the defendants application dated xx/xx/2023  and the annexed witness statement of xxDefendants namexx dated xxxxx


it is ordered that: 

1. the judgment for claimant dated 16/xx/2023 is set aside on the grounds that the defendant and has not been validly served, as the claim form wasn’t received. 

2 the claimant to pay the defendant’s costs of this application £275, and in addition £95 for time in preparation (5 hours as litigant in person at a rate of £19 per hour).

3. Order for original claim to be dismissed. 

I’m also pretty much copied a WS from the forum of someone in the same situation and same car park. 

I’m just super concerned that I could pay this £275 and not win and then still have the CCJ and then have to also pay the £352 they’re trying to say I owe. From everything I’ve read on here, I understand it’s pretty much unheard of that quoting CEL V Chan will get it thrown out, as long as you have Everything covered? But I’m just nervous that I’m not going to do it right and I’m gonna have to pay double

Coupon-mad

Almost unheard of, yes. Don't worry.

And you certainly won't be ordered to pay £352 (because you know how to argue against the false added DRA fee from the Template Defence, if you do have to do a second hearing with a defence).

Add to the end of para 1 on your n244 order that you are seeking a CCJ set aside under CPR 13.3.

and change:

wasn’t received. 

to

was not received

because the Draft Order is a Word doc
that you hope your Judge can pick up and use.  Judges don't use 'wasn't' in an order!

And we assume you are attaching exhibits to prove you moved house, as well as CEL v Chan (full transcript) and a URL link to the BPA CoP in your WS which explains how the Code was breached by the Claimant?

By the way, was the Defendant the driver?

1505grandad

"....is set aside on the grounds that the defendant (and) has not been validly served, as the claim form wasn’t received."

(and)  -  not required  

jammers1237

Coupon-mad said:

Almost unheard of, yes. Don't worry.

And you certainly won't be ordered to pay £352 (because you know how to argue against the false added DRA fee from the Template Defence, if you do gave to do a second hearing with a defence).

Add to the end of para 1 on your n244 order that you are seeking:

and change:

wasn’t received. 

to

was not received

because the Draft Order is a Word doc
that you hope your Judge can pick up and use.  Judges don't use 'wasn't' in an order!

And we assume you are attaching exhibits to prove you moved house, as well as CEL v Chan (full transcript) and a URL link to the BPA CoP in your WS which explains how the Code was breached by the Claimant?

By the way, was the Defendant the driver?

Thank you for this, the defendant was the driver. And also I didn’t move house - I just didn’t receive the claim form, it wasnt delivered. Every other document was, so the NTK and all the other demanding letters from met. And the debt collectors letter and then the solicitors letter. But not the claim form from county court, which I think is so weird. Because had I have received that I would’ve dealt with it as soon as possible

Coupon-mad

So your case is different from others we see and you won't get your £275 fee back.

I didn't realise your situation. Just re-read your OP.  This approach is very risky and I want you to know this:

You are at significant risk of not getting the CCJ set aside. I am not sure your track record of ignoring every letter will help convince a Judge that suddenly the one important letter just didn't arrive.

A Judge will probably think you ignored it too.

You then would be stuck with a CCJ for 6 years.

This worries me:

I can’t afford to have a CCJ registered on my credit file.

You will have a CCJ later this month, if you don't settle it.

Did you realise that applying to set aside the CCJ doesn't freeze the CCJ?  It lands with a crash on your credit file in a couple of weeks.

It pains me to say this:

You may want to consider contacting DCBLegal and offering £200 to settle it. See where that gets you.  As long as you pay whatever their client will agree to accept within 30 days of the CCJ date, it's gone.