CCJ & High Court Rit

sh4rpy03

i have gone with the defense as per chirpychickens advice and submitting it now thanks for the advice everyone. 

Bazarius

ChirpyChicken said:

Bazarius said:

ChirpyChicken said:

Bazarius said:

ChirpyChicken said:

Yes change it to defence.

It’s an application to set aside the writ ? Am I missing something here. ? 

IMHO this is a weak case due to the wife doing what she did,  so this should not be admitted at this stage 
They are best in this case not logging a witness statement as such but stating the facts on the N244 as such along with a defence 
I would not log a separate witness statement in this case - I would simply state why i think the CCJ should be set aside along with a defence which shows the case has legs 

Knowing DCBLegal - the PCNs were never issued on those material dates noted in the PoC  - it  is a very strong defence - it is an attempt of unjust enrichment and an abuse of process  to make a claim for non existent PCNs. 

If DCBLegal provides a witness statement showing wrong issue dates the court should set aside the CCJ taking consideration with  the overriding objectives to ensure the claim is just as per Carr. 

the issue is the receiving of the Claim form by the wife 

That is a problem .  Admitting that and she logs on his MCOL under his name and entered a defence under her own name is a risky move. 

However my previous comment stands and it is likely to fail at trial without making an application to amend  the PoC showing the correct issue dates . 

ChirpyChicken

sh4rpy03 said:

i have gone with the defense as per chirpychickens advice and submitting it now thanks for the advice everyone. 

Let us know how you get on, you may have to ring the CNBC   or  0300 123 1056/Central county court central help line tel:0300 123 5577 in order to make the payment £15. But you need to tell them the claim and what the fee is for  (Application to vary (amend or change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court writ)

Btw now this is done, is your mortgage a remortgage or are you moving

sh4rpy03

Great I’ll call them shortly when I stop driving, it is for a new mortgage it has already been approved and all the checks done it was just in case they did any last minute checks before paying out the money but my financial adviser has told me that they don’t carry out any further checks 🤞tell you what that has been a stressful 48hrs but it’s in now so hopefully the judge will agree to a hearing. As I know the mrs has done wrong but the debt they are chasing is over 6 years old and I feel that at a hearing I would win. I just needed you guys to make me see sense rather than just paying it. No matter the outcome the car is getting put in the wife’s name and she is banned from parking in pay and displays lol

sh4rpy03

So I have called CNBC multiple times today as kept getting cut off and waiting in ques they have told me that I need to pay the fee to hull combined court as this is where I have submitted my claim and that it will be processed faster does that sound right.?

sh4rpy03

Ok so read back through the thread and I can see that I was already advised to call the court I was taking it to I have a few hours on the train tomorrow so I will try and sort it then. I’m about to email to DCB Legal do I send all forms submitted to the court or just the n244? And can I just attached the signed pages and send the online forms alongside them 

ChirpyChicken

Ring the other number I gave you and yes send a copy to dcb legal/dcbl

sh4rpy03

Cheers @ChirpyChicken I’ll try this in the morning. In the email to dcb legal shall I just write something like. Hi please see attached my defense documents in regard to you claim 

ChirpyChicken

Just your application to stay the writ etc

Coupon-mad

sh4rpy03 said:

Cheers @ChirpyChicken I’ll try this in the morning. In the email to dcb legal shall I just write something like. Hi please see attached my defense documents in regard to you claim 

No.

And you certainly don't start formal emails with the word 'Hi'!

You tell them you have applied to STAY THE WRIT. I hope that's what you put in the box in your N244? Did you keep a copy? Show us (redacting all personal info and Claim number).