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May I canvass help please:
I am a Claimant in a Civil Online Money Claims case.
- I was awarded a CCJ that ordered the defendant to pay by instalment. No payments received so the defendant is in breach of the Order. I applied to the High Court Writ which was granted.
- The defendant then applied for a Variation Order . My Creditors Reply was submitted in response; I offered to reduce the instalments by 50%, , but this application was not processed within the 14 day timeline by MCOL and so this lead to an unsealed order granting the defendants request to pay reduced instalments.
- I wrote to MCOL, they investigated, then issued a letter explaining that the previous unsealed order was granted in error because MCOL did not process my response; they also issued a new order sealed that ordered the defendant to pay the (50%) reduced instalments of £500 a month. The defendant did not pay this amount but did pay £150. So the defendant is in breach of the order. 2nd breach.
The defendant then applied for a Stay Writ on the basis of his statement of truth that stated that he has never received the correcting letter and the new Order for £500 per month. The Stay was duly granted through a new Order issued "without notice" by the court. I thought this was unbelievable given that all Orders / records will be on file.
I then applied under CPR23.10 to Set Aside the Order (Stay) and today received a hearing date to be conducted over the telephone.
Where I need help please is:
1. The most recent Order issued - before the Stay Writ Order - ordered the defendant to pay £500 per month. The defendant wants to pay £150 and has submitted his "means" test twice. My perception is that this hearing will hear the arguments for both upholding the Stay Writ , or, to lift the stay (set aside the order) , nothing else. is this correct? Or can the defendant use this hearing to seek to vary £500 a month order, as well as stay the writ. In other words, this hearing is in response to my application to set aside the Stay Writ Order - can the defendant use it to vary the amounts too or can he only argue why he did not receive the order to pay £500 a month?
2. An order has already been issued - that the defendant says he didn't receive - ordering to pay £500 per month. What more do I need to prove? all the orders are on the files that the court can see. The Stay Writ seems to have been granted without the court looking at any of the orders on file and/or on the basis that the defendant claims to have never received the Order - but he has received and responded to all other court comms in this case.
3. Can I submit a form N316 ordering the defendant to answer questions before this hearing and ask that this hearing be delayed until EX140 has been recorded and answers to my questions been given?
Many thanks in advance,
I am a Claimant in a Civil Online Money Claims case.
- I was awarded a CCJ that ordered the defendant to pay by instalment. No payments received so the defendant is in breach of the Order. I applied to the High Court Writ which was granted.
- The defendant then applied for a Variation Order . My Creditors Reply was submitted in response; I offered to reduce the instalments by 50%, , but this application was not processed within the 14 day timeline by MCOL and so this lead to an unsealed order granting the defendants request to pay reduced instalments.
- I wrote to MCOL, they investigated, then issued a letter explaining that the previous unsealed order was granted in error because MCOL did not process my response; they also issued a new order sealed that ordered the defendant to pay the (50%) reduced instalments of £500 a month. The defendant did not pay this amount but did pay £150. So the defendant is in breach of the order. 2nd breach.
The defendant then applied for a Stay Writ on the basis of his statement of truth that stated that he has never received the correcting letter and the new Order for £500 per month. The Stay was duly granted through a new Order issued "without notice" by the court. I thought this was unbelievable given that all Orders / records will be on file.
I then applied under CPR23.10 to Set Aside the Order (Stay) and today received a hearing date to be conducted over the telephone.
Where I need help please is:
1. The most recent Order issued - before the Stay Writ Order - ordered the defendant to pay £500 per month. The defendant wants to pay £150 and has submitted his "means" test twice. My perception is that this hearing will hear the arguments for both upholding the Stay Writ , or, to lift the stay (set aside the order) , nothing else. is this correct? Or can the defendant use this hearing to seek to vary £500 a month order, as well as stay the writ. In other words, this hearing is in response to my application to set aside the Stay Writ Order - can the defendant use it to vary the amounts too or can he only argue why he did not receive the order to pay £500 a month?
2. An order has already been issued - that the defendant says he didn't receive - ordering to pay £500 per month. What more do I need to prove? all the orders are on the files that the court can see. The Stay Writ seems to have been granted without the court looking at any of the orders on file and/or on the basis that the defendant claims to have never received the Order - but he has received and responded to all other court comms in this case.
3. Can I submit a form N316 ordering the defendant to answer questions before this hearing and ask that this hearing be delayed until EX140 has been recorded and answers to my questions been given?
Many thanks in advance,
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