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Urgent: Got CCJ on my credit records

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  • Sassii
    Sassii Posts: 251 Forumite
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    edited 27 February 2018 at 9:49PM
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    Quentin wrote: »
    I have highlighted the section in your quote which confirms the advice you have been given in #31, #43, #47, #51, and is highly relevant!

    Thanks v much Quentin I highly appreciate your advice and you know I followed your advise #31 but I can't afford the money the solicitor asked for himself or for barrister specially for the last 4 months the solicitor failed to get the set aside hearing transcript or pcm WS.

    So it looks I'll continue alone with lovely MSE members support and I'll do my best

    Regards
  • Sassii
    Sassii Posts: 251 Forumite
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    edited 2 March 2018 at 9:34PM
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    Hi All

    please find below amended WS for the appeal. could some one help and advise please
  • Sassii
    Sassii Posts: 251 Forumite
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    Hi, any one can give me his openion on the above Grounds of appeal please.

    Thanks v much
  • Sassii
    Sassii Posts: 251 Forumite
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    Going to add the below to WS. Please advise

    a- Hearing was at 10:00am on xxxx (Exhibit ps/10), so Witness Statement was serviced less than 24 hours before hearing.

    b- Appellant refer to Practice Direction 23A(6.11) which states that ''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'',

    c- and PD 23A(6.13) which states that ''Any other document upon which a party seeks to rely must be filed and served in accordance with the period specified in paragraph 6.11.''

    d- Appellant Presumes, as he never serviced with Respondent Witness Statement for hearing dated xxxx, Respondent posted his Witness Statement by first class on xxxx which it is 2 days before Hearing. Under CPR 26.6, Deemed Service, Respondent Witness Statement would not have been serviced until xxxx at 4:00pm (after the hearing time at 10:00 am). it!!!8217;s irrelevant where the Respondent Witness Statement arrived, it is when the documents is legally treated as having arrived (F&M Bunkering Service Ltd v Bulgarian River Shipping & Ors [2012] EWHC B26 (Comm) 23 Novmber 2012)
  • bargepole
    bargepole Posts: 3,231 Forumite
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    Sassii wrote: »
    Going to add the below to WS. Please advise

    a- Hearing was at 10:00am on xxxx (Exhibit ps/10), so Witness Statement was serviced less than 24 hours before hearing.

    b- Appellant refer to Practice Direction 23A(6.11) which states that ''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'',

    c- and PD 23A(6.13) which states that ''Any other document upon which a party seeks to rely must be filed and served in accordance with the period specified in paragraph 6.11.''

    d- Appellant Presumes, as he never serviced with Respondent Witness Statement for hearing dated xxxx, Respondent posted his Witness Statement by first class on xxxx which it is 2 days before Hearing. Under CPR 26.6, Deemed Service, Respondent Witness Statement would not have been serviced until xxxx at 4:00pm (after the hearing time at 10:00 am). it!!!8217;s irrelevant where the Respondent Witness Statement arrived, it is when the documents is legally treated as having arrived (F&M Bunkering Service Ltd v Bulgarian River Shipping & Ors [2012] EWHC B26 (Comm) 23 Novmber 2012)

    It is 'served', not 'serviced'.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Sassii
    Sassii Posts: 251 Forumite
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    Sad news permission for appeal refused although I been represented by barrister from citizen advice bureau who managed my appeal from last Friday.

    so now how much I need to pay to pcm?. dcbl letter added around £200 more than the default court order on 2015 as 0.2 interest and £90 compliance stage fee.

    Do I need to pay all of that in dcbl letter or just the amount stated in the court order 2015?.

    Regards
  • Quentin
    Quentin Posts: 40,405 Forumite
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    The costs of getting enforcement order etc are added to the original CCJ and payable by you.
  • Sassii
    Sassii Posts: 251 Forumite
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    Quentin wrote: »
    The costs of getting enforcement order etc are added to the original CCJ and payable by you.

    Yes I understand the enforcement order cost which it's £90 but why add 0.2 interest (£110) on the top of the order.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 9 March 2018 at 8:07PM
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    Did the original claim include interest at a daily rate?

    In any case be aware of all the extra costs you will have to pay to the bailiffs if they have to visit. The £90 is small beer!

    This is very expensive (think £hundreds for high court bailiffs - far more than any interest the claimant wants!)
  • Sassii
    Sassii Posts: 251 Forumite
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    Quentin wrote: »
    Did the original claim include interest at a daily rate?

    Yes the original claim contains £20 interest & £150 for costs. so why they claim £110 for interest dcbl letter?
This discussion has been closed.
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