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CCJ civil enforcement limited no information - help!!

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  • #31
    Re: CCJ civil enforcement limited no information - help!!

    I've attached an example draft order you could adapt. The dotted lines should remain as they are.

    I forgot to mention, that the Claimant in the application is the parking company, and you will be the defendant, so whenever you refer to things in the application or draft order, it will be you (the defendant) and the parking company (the Claimant).
    Attached Files
    Click here to check out my list of templates

    DISCLAIMER: ANYTHING I POST ON THIS FORUM SHOULD NOT BE CONSTRUED AS GIVING LEGAL ADVICE. I DO NOT ASSUME RESPONSIBILITY NOR DO I ACCEPT ANY LIABILITY AND THE USE OF MY CONTENT FOR YOUR OWN PURPOSE IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO THE LAW SOCIETY'S FIND A SOLICITOR OR CONTACT YOUR LOCAL CITIZEN'S ADVICE BUREAU.

    Comment


    • #32
      Re: CCJ civil enforcement limited no information - help!!

      Hello

      So I have updated the witness statement, N244 form and draft order please see attached.


      1. I have left the dates blank on the witness statement should I be directing the claimant when they should be re issuing their detailed information? Or the dates when I will be filing mine?

      The Claimant shall by 4pm on ……………………………. re-file and re-serve its detailed Particulars of
      The Defendant shall file and serve [his/her] Defence by 4pm on ………………………………..
      The Claimant do pay the Defendant’s costs in the application summarily assessed at 274 forthwith by 4pm on …………………………

      2. On the witness statement I have added the additional information regarding registered keeper and particulars

      3. The N244 form

      Shall I send this tomorrow after 4pm if I have not received any information?

      Thanks again L

      Comment


      • #33
        Re: CCJ civil enforcement limited no information - help!!

        Would help if I remembered the attachment's.....
        Attached Files

        Comment


        • #34
          Re: CCJ civil enforcement limited no information - help!!

          Hi

          I'll give [MENTION=71570]R0b[/MENTION] a nudge on this.
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #35
            Re: CCJ civil enforcement limited no information - help!!

            Originally posted by charitynjw View Post
            Hi

            I'll give @R0b a nudge on this.
            Thank you

            So I have heard nothing so I am going to have to send this off to request for it to be set aside.

            If I could ask you guys to check it is all ok before I send it I would really appreciate it?

            In the witness statement I refer to a bundle...do I send this with my documents (Copy of letters/email sent & receipt for signed tracking etc to CEL)?

            Thanks L

            Comment


            • #36
              Re: CCJ civil enforcement limited no information - help!!

              Evening, sorry I have not got back to you.

              Had a look over your stuff and all seems to be above board from what I can see. There are a few points I would suggest and to note.

              * Make sure you update everything that is in brackets especially in the Witness Statement and the draft Order.

              * Your Witness Statement contains numbered paragraph with no text, for example paragraph 9 needs to be removed. I would also suggest you put the line 'I believe that the facts in this witness statement are true.' on the next page along with your name and signature.

              * I would remove this part of the quote at the end under paragraph 10 "It is obviously open to a defendant to establish by evidence for these purposes the date on which the claim form and particulars of claim were received by him." as its not necessary.

              * As an additional suggestion, and assuming you've not had a response from CEL you might want to suggest something like the below:

              Conduct of the Claimant

              11. The Claimant's conduct in the application to set aside is entirely without merit and unreasonable.

              12. The Claimant has failed to engage in any contact with me prior to making this application as suggested in paragraph 5 above and in order to further the overriding objective to deal with the matter swiftly as well as seeking to minimise the costs involved. I believe that the Claimant's failure to even acknowledge my letter or to give an indication as to whether they consent or object to this application amounts to unreasonable conduct which has resulted in me expending further time and resources. In light of this, I would ask the Court to consider (in addition to application fees if successful) making a costs order for unreasonable conduct.


              * In your N244 application, I would change the hearing time from 30 mins to 15, as it shouldn't take too long.

              As for your bundle, it is the documents you refer to in the witness statement - you don't send all of them, just the ones you mention in the statement that you want to rely on. For example, in your statement you mention the letter in paragraph 5 so that should be included in underneath the bundle cover sheet and make sure you number the page.
              Last edited by R0b; 30th September 2017, 20:03:PM.
              Click here to check out my list of templates

              DISCLAIMER: ANYTHING I POST ON THIS FORUM SHOULD NOT BE CONSTRUED AS GIVING LEGAL ADVICE. I DO NOT ASSUME RESPONSIBILITY NOR DO I ACCEPT ANY LIABILITY AND THE USE OF MY CONTENT FOR YOUR OWN PURPOSE IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO THE LAW SOCIETY'S FIND A SOLICITOR OR CONTACT YOUR LOCAL CITIZEN'S ADVICE BUREAU.

              Comment


              • #37
                Re: CCJ civil enforcement limited no information - help!!

                [MENTION=71570]R0b[/MENTION] & [MENTION=5553]charitynjw[/MENTION] thank you both so much for all your help over the last few weeks.

                I have submitted all of the documents and paid the 255 Court fee.

                They have advised It can take 8-10 weeks so I will be in touch and let you know the outcome.

                This site is amazing and your help has been invaluable.

                THANK YOU!! L

                Comment


                • #38
                  Re: CCJ civil enforcement limited no information - help!!

                  Fingers crossed, let's see what happens.

                  Keep us updated and let us know if you hear anything back.
                  Click here to check out my list of templates

                  DISCLAIMER: ANYTHING I POST ON THIS FORUM SHOULD NOT BE CONSTRUED AS GIVING LEGAL ADVICE. I DO NOT ASSUME RESPONSIBILITY NOR DO I ACCEPT ANY LIABILITY AND THE USE OF MY CONTENT FOR YOUR OWN PURPOSE IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO THE LAW SOCIETY'S FIND A SOLICITOR OR CONTACT YOUR LOCAL CITIZEN'S ADVICE BUREAU.

                  Comment


                  • #39
                    Re: CCJ civil enforcement limited no information - help!!

                    Hi All thanks for all your help i have my case listed on 17th January 2018.

                    Only a 15 minute hearing. Do you know what i should expect? Thanks

                    Comment

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