**URGENT- CCJ** Need advice if I have posibilities to set aside by N244 and after win the case

1505grandad

A heads-up  -  no middle "e" in Judgment in this context:-

Para 19.1  -  " I find it telling that there is no mention in her judgement of the overriding objective nor of what the justice of the case required."

Lia_F

Coupon-mad said:

I'd remove paragraph 5 about your name.  It is in the wrong place and fairly unimportant. And this makes no sense:

"f a claim has been made under an incorrect name, it is essential to apply to have it set aside under CPR 13.2."  (No it isn't!).

You've also removed all the quotation marks from your quotes from the CoA in VCS v Carr which makes it impossible to tell which are your words and which are quotes from a Judge.

Show us your Draft Order.

Tell us what your exhibits are.

@Coupon-mad Many thanks!

EXHIBIT - 01: Moved abroad - flight checking confirmation

EXHIBIT - 02: Moved of address - electoral roll

EXHIBIT - 03: Moved of address – Tenancy Agreement

EXHIBIT - 04: Proof I sold the car
EXHIBIT - 05 Letter from landlord saying is not going to rent her property to us due to ccj

EXHIBIT - 06: Pictures showing there was no signage at entrance (GOOGLE) now it is a signage (picture taken by myself)

EXHIBIT - 07: Picture of the car where there was no signage on that date in that spot

EXHIBIT - 08: CEL v Chan, CPMS Ltd v Akande and other judgments

EXHIBIT - 09: Email to PCM UK to invite them to set aside

EXHIBIT - 10: Particulars of Claim

EXHIBIT - 11: Mental health problems – GP letter

EXHIBIT - 12: N244 Form

***Could you please advise whether it is appropriate to present the pictures?***

DRAFT ORDER

IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on XX May 2023;

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on the Defendant's usual residential address;

AND UPON more than 4 months having passed (CPR 7.5 refers) since the issue of proceedings on [date of issue];

AND UPON the court finding that the Particulars of Claim fail to comply with CPR 16.4(1)(a) by lacking a concise statement of facts and therefore do not constitute a valid cause of action;

IT IS ORDERED:

1. The Judgment by default entered against the Defendant on XX May 2023 is hereby set aside.

2. The claim be struck out as more than 4 months has passed since the issue of proceedings on [date of issue] without proper service on the Defendant.

3. The claim is further struck out on the grounds that the Particulars of Claim fail to comply with CPR 16.4(1)(a) and do not provide a concise statement of facts necessary to establish a cause of action.

4. The Claimant shall pay the Defendant’s costs of this application in the sum of £303.

Lia_F

@1505grandad @Coupon-mad
In this box do I write a sumarry or just bullets poinsts to sumarise the WS? many thanks!

KeithP

Lia_F said:

@1505grandad @Coupon-mad
In this box do I write a sumarry or just bullets poinsts to sumarise the WS? many thanks!

You have ticked a box stating that you are supplying an 'attached witness statement'.
You have not ticked the box marked 'the evidence set out in the box below'.
In those circumstances, why do you think you need to write anything in that box?

Lia_F

KeithP said:

Lia_F said:

@1505grandad @Coupon-mad
In this box do I write a sumarry or just bullets poinsts to sumarise the WS? many thanks!

You have ticked a box stating that you are supplying an 'attached witness statement'.
You have not ticked the box marked 'the evidence set out in the box below'.
In those circumstances, why do you think you need to write anything in that box?

Thank you. When I called the Civil National Business Centre, I understood that I needed to use bullet points. As I am not a native speaker, this might have caused some misunderstanding.

Coupon-mad

This is all looking great now!  You have missed off the word 'THAT' in your Draft Order, which should say:

IT IS ORDERED THAT:

Question 3 in your n244 must match the draft order.

Lia_F

Coupon-mad said:

This is all looking great now!  You have missed off the word 'THAT' in your Draft Order, which should say:

IT IS ORDERED THAT:

Question 3 in your n244 must match the draft order.

Thank you so much! @Coupon-mad
Could you please advise whether it is appropriate to present the pictures?

Coupon-mad

What pictures do you mean and where are you asking about 'presenting' them? Here on the forum?

Lia_F

Coupon-mad said:

What pictures do you mean and where are you asking about 'presenting' them? Here on the forum?

As Exibits with the N244

EXHIBIT - 06: Pictures showing there was no signage at entrance (GOOGLE) now it is a signage (picture taken by myself)

EXHIBIT - 07: Picture of the car where there was no signage on that date in that spot

Lia_F

 @Coupon-mad

This is how I replyied Q3 N244. Is ok?