• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

**DISMISSED** CCJ Help Needed

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: CCJ Help Needed

    Originally posted by egbert View Post
    Yes, it appears to have been. The figures don't add up and the schedule of charges doesn't match the individual billable items. I've got everything ready but I'm still nervous as hell...
    It would surprise me more if you were not nervous. What time is the hearing?
    If you have time write out some bullets points to jog your memory it will I hope make you more condfident.

    Good Luck!!!

    nem

    Comment


    • #17
      Re: CCJ Help Needed

      Bullet points done - really helpful.

      Comment


      • #18
        Re: CCJ Help Needed

        Originally posted by egbert View Post
        Bullet points done - really helpful.
        Well Done !!

        Comment


        • #19
          Re: CCJ Help Needed

          The judgement has been set aside. I guess now the hard work starts again if they re-file.

          Comment


          • #20
            Re: CCJ Help Needed

            Well done. Did the Judge mention when to file your defence ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #21
              Re: CCJ Help Needed

              Yes. I have a date in August. I guess I wait for them to file first. I now have a stack of paperwork to go through which they presented this morning at the hearing. Thanks for everyone's help.

              Comment


              • #22
                Re: CCJ Help Needed

                Originally posted by egbert View Post
                The judgement has been set aside. I guess now the hard work starts again if they re-file.
                Good news !! Well Done.
                An order from the judge regarding submitting a defence to the original claim? Costs?

                nem

                Comment


                • #23
                  Re: CCJ Help Needed

                  Nem,

                  Sorry for the delay I was travelling back. The order is for a defence to the original claim. They have until towards the end of July to re-file. I take it is will receive something in writing from the court. I took notes but to be honest I was so nervous about the process I may have missed something.

                  Comment


                  • #24
                    Re: CCJ Help Needed

                    Originally posted by egbert View Post
                    Nem,

                    Sorry for the delay I was travelling back. The order is for a defence to the original claim. They have until towards the end of July to re-file. I take it is will receive something in writing from the court. I took notes but to be honest I was so nervous about the process I may have missed something.
                    Hi Egbert,

                    Yea you will get a written copy of the judges order.

                    You certainly seem to have done well!! Was there any argument from them on the set aside ?

                    We will assist you with a fully pleaded defence.

                    nem

                    Comment


                    • #25
                      Re: CCJ Help Needed

                      Nem,

                      Yes there was - they tried to say they served notice at my last known address but the judge sided with me in that they had been informed of my correct address. Also the judge seemed less than impressed that they presented their witness statement in court without me having seen it. I know I fluffed my presentation in places but I did not get the grilling they did.
                      Last edited by egbert; 13th July 2016, 18:51:PM. Reason: Fat finger typing

                      Comment


                      • #26
                        Re: CCJ Help Needed

                        can you please let us have the wording of the Order when you receive it so that we can point you in the right direction
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #27
                          Re: CCJ Help Needed

                          This is the order I have received from the court:

                          IT IS ORDERED THAT

                          The judgement against xxx xxx dated ddmmyy be and is hereby set aside.

                          Then on a second page:

                          The Claimant shall serve on the Defendant by dd mm yy a copy of the Claim Form and Particulars of Claim, and the statement of xxx xxx, and file a statement of service.

                          The Defendant shall file in court and serve on the Claimant by dd mm yy a full Defence setting out why he says he is not liable for the debt claimed.

                          Comment


                          • #28
                            Re: CCJ Help Needed

                            What are the dates on the claimant's part of the order ? ( you said end of July - which is like about now ) Have you had anything from the claimants at all since the order?
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Re: CCJ Help Needed

                              This received from claimants, arrived yesterday in the post:
                              Our Client: Lowell Portfolio 1 Ltd
                              Balance Due: £xxx.xx
                              Original Creditor: Capital One (Europe) PLC
                              Original Account Number: xxx
                              Claim Number: xxxxxxxx
                              County Court: xxx County Court

                              We refer to the above matter and the Order made by District Judge xxx dated xxJuly 2016.

                              Please find enclosed:

                              i) Reconstituted copy of our client's claim form issued on xx May 2015; and
                              ii) Further copy of our client's witness statement dated xx July 2016.

                              We can confirm that a copy of this letter together with its enclosures has today been filed at court.

                              We look forward to receiving a copy of your full Defence in due course.

                              Kind regards

                              Xxx xxx

                              - - - Updated - - -

                              I'll try an scan the other elements.

                              Comment


                              • #30
                                Re: CCJ Help Needed

                                Next update... I now have from the court a Notice of Proposed Allocation to the Fast Track. Wording as follows:
                                TAKE NOTICE THAT
                                1. This is now a defended claim.
                                The defendant has filed a defence, a copy is attached.
                                2 it appears that the case is suitable for allocation to the fast track.
                                If you believe that this track is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why.
                                3. You must by 16 September 2016
                                A) complete the directions questionnaire, file it with the court office xxxx and serve copies to all parties
                                and b) attempt to agree directions with all other parties
                                and c) file proposed directions (whether or not agreed) with the directions questionnaire.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X