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My introductory thread (see link below - no need to read just for info) covered this but I need to make a final submission to HCEOA by Tuesday for a complaint against DCBL.
This is the issue I need help with:
At a hearing in 2017, the judge set aside a CCJ against my wife and made a verbal order that my car (yes, my car - not hers, but I digress) seized two months earlier by DCBL should be returned. Present at the hearing were my wife, her lawyer and the claimant but not DCBL. All three present agree that the judge ordered the car returned, although at the time the claimant kept referring us to DCBL.
DCBL’s refused to return the car (as per their evidence pack) is they claim to only work off court-sealed documents and the court order issued said the CCJ was set aside but made no mention of the writ or the car.
However, the N244 asking for the hearing explicitly asked for the CCJ and the writ to be set aside. Surely, it would have been strange for the judge to set aside the CCJ but want the writ to stay in place while simultaneously ordering the only action taken under the writ reversed? When I contacted the High Court that issued the writ enquire about the status of the writ, they said that the writ automatically falls away if there is no outstanding adverse judgment and said my wife's file had been passed back to the local court.
This (see attached) from Mason Bullock's web page seems to support this:
Of course, the judge was asked specifically about the car.
The local court are rubbish and have ignored all enquiries, including a Subject Access Request issued three months ago.
Can anyone point me to the actual law (if it exists) saying that a writ falls away and all action should be reversed if the CCJ on which it depends is set aside?
Secondly, was the judge at fault in not being more explicit or would he have understood it to be an automatic process?
Is there any way I can contact the judge directly?
NB We eventually had to settle out of court to get the car back even though the judge ordered its return.
https://legalbeagles.info/forums/for...39270-ccj-writ
This is the issue I need help with:
At a hearing in 2017, the judge set aside a CCJ against my wife and made a verbal order that my car (yes, my car - not hers, but I digress) seized two months earlier by DCBL should be returned. Present at the hearing were my wife, her lawyer and the claimant but not DCBL. All three present agree that the judge ordered the car returned, although at the time the claimant kept referring us to DCBL.
DCBL’s refused to return the car (as per their evidence pack) is they claim to only work off court-sealed documents and the court order issued said the CCJ was set aside but made no mention of the writ or the car.
However, the N244 asking for the hearing explicitly asked for the CCJ and the writ to be set aside. Surely, it would have been strange for the judge to set aside the CCJ but want the writ to stay in place while simultaneously ordering the only action taken under the writ reversed? When I contacted the High Court that issued the writ enquire about the status of the writ, they said that the writ automatically falls away if there is no outstanding adverse judgment and said my wife's file had been passed back to the local court.
This (see attached) from Mason Bullock's web page seems to support this:
Of course, the judge was asked specifically about the car.
The local court are rubbish and have ignored all enquiries, including a Subject Access Request issued three months ago.
Can anyone point me to the actual law (if it exists) saying that a writ falls away and all action should be reversed if the CCJ on which it depends is set aside?
Secondly, was the judge at fault in not being more explicit or would he have understood it to be an automatic process?
Is there any way I can contact the judge directly?
NB We eventually had to settle out of court to get the car back even though the judge ordered its return.
https://legalbeagles.info/forums/for...39270-ccj-writ
Attached Files
