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CCJ set aside

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Comments

  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Quentin wrote: »
    Nevertheless the keeper cannot be held liable by APCOA!

    Nor by CEL.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Try this or similar instead. It is more succinct than C-M (You should recognise it C-M, its from Southpaw82 on pepipoo)
    IN THE COUNTY COURT AT TRURO

    MIL COLLECTIONS LIMITED (Claimant)

    And

    [YOU] (Defendant)


    District Judge [name]

    UPON reading the Defendant's application dated [date] and the annexed witness statement of [name] dated [date]

    IT IS ORDERED that:

    1. The default judgment dated [date] be set aside.

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

    4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
    Obviously change MIL over.

    And OP -no it doesnt throw it on anyone else because you have the claim against you. Having lost once they wont try again.
  • Quentin
    Quentin Posts: 40,405 Forumite
    nosferatu1001 wrote: »
    Try this or similar instead. It is more succinct than C-M (You should recognise it C-M, its from Southpaw82 on pep.

    Doesn't include the enforcement issue - see #23
  • Fridge_Emptier
    Fridge_Emptier Posts: 29 Forumite
    One last stupid question (as none of the forms or guidance are explicit on this) ... wait for it ...
    Which court do I send the N244 to? To the central Northampton court where it was registered or to my local county court?
    I'll hide under a rock after that, sorry!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Initially to the court which issued the ccj

    Remember time is of the essence!

    Now another day gone!!
  • Fridge_Emptier
    Fridge_Emptier Posts: 29 Forumite
    Developments:
    Sent my N244 in and was received by CCBC.
    They returned it all back saying the case is with the District Judge, so cannot process a set aside. Very confusing!
    Spoke with them and it appears upon speaking to them a few weeks ago and expressing my shock and surprise at it all they have referred it to a DJ because "no particulars of claim had been served". I am now to wait to hear what next.

    Seen this before?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    No, not seen this before. Normally they want money to do anything.

    Did they say when something would happen?
  • Fridge_Emptier
    Fridge_Emptier Posts: 29 Forumite
    nosferatu1001 wrote: »
    No, not seen this before. Normally they want money to do anything.

    Did they say when something would happen?

    No, the lady said, "with any luck it will get struck off due to no particulars having been served" and "don't do anything until you hear from the judge".
    She does not know which judge or any more than that.
    I asked if the thieving claimant had kicked off something with them in the intervening time but she said not and that it must have been as a result of me phoning the central court.

    I find that hard to believe.
    I think the claimant has made its next move, whatever that is.
    [here's some details I did not mention on here before ...]
    They offered to set aside uncontested when I spoke with them in the beginning but I said I did not believe I was liable for anything and that it did not seem right for me to pay anything - they still wanted me to pay a parking fine I should never have had and their initial legal costs involved in giving me the CCJ and then for me to pay the next legal costs to set aside. They said the offer stood for 14 days.
    My suspicion is they have made their move since that offer .... but what?
    And, why would the reason on the court file be due to no particulars having been served?
    It went to the DJ just over a week after the 14 days 'offer' expired.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    No idea.

    I would get this in writing, if possible.
  • Fridge_Emptier
    Fridge_Emptier Posts: 29 Forumite
    edited 23 April 2018 at 10:09AM
    It was just under 2 weeks ago it went to a DJ, according to the court, so perhaps I'll hear something within the 2 weeks?
    Also, if it were the claimant instigating something through the court, surely I would have heard something a day or two after it going to the DJ?

    Edit: just re-read the notes I made, sorry.
    Lady from CCBC also said there's a note that a court clerk looked at the case and sent it to the DJ due to no particulars.

    I've emailed CCBC for clarification just now.
This discussion has been closed.
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