CCJ and n244 form help

[R0b]

I've uploaded an example of the N244 which you will need to remove 13.2 if you don't intend on using that argument. The witness statement example is based on a parking charge but you can use the same headings and replace the relevant facts and evidence with your own situation. Again, make sure to remove references to CPR 13.2 if you dont plan on using it.

Any questions let me know.

[davidsilva21]

Thanks Rob

I am filling in all the templates that you have sent and Im a little confused around the exhibit references, do I need to include the invoice,emails etc all under different references?

Also am I keeping in the part where it talks about the documents being sent to the wrong address or do I need to amend that to say it has been lodged against the wrong person

Grounds for setting aside the default judgment

Claimant’s failure to take reasonable steps to ascertain the last known address

1. It is my reasonable belief that the Claimant did not carry out reasonable checks (if any) in order to obtain my last known address in accordance with Rule 6.9(3) of the Civil Procedure Rules. After I moved out of Old Address, I updated all relevant records to reflect the change of address to New Address including, the electoral roll, the Driver and Vehicle Licensing Agency as well as credit reference agencies. In particular, there is nothing within my credit file to suggest that the Claimant had carried out any trace of my whereabouts because had it done so, they would have left a footprint in the section titled ‘Searches’.
2. In any event, the lack of response from the Claimant correspondence to the Old Address would have raised reasonable suspicion that I may no longer live there and therefore ought to have prompted further steps to be taken to ensure that the Old Address was my most recent address.
3. For these reasons stated above, the Claimant failed to take the necessary steps to comply with CPR 6.9(3) by ascertaining my last known address and therefore service of the claim form was irregular and defective. It follows that the time required to file a defence did not expire and the default judgment should be set aside as of right pursuant to CPR 13.2.
   
   Would I delete all of this and put points for 13.2 in i.e wrong person

thanks

[davidsilva21]

Any thoughts Rob

[davidsilva21]

I Have filled in the n244 form, The witness statement and have drafted up the defence statement but was wondering if you have a template of defence statement I could use?

[MIKE770]

Example Defence

[davidsilva21]

I Have filled in the n244 form, The witness statement and have drafted up the defence statement but was wondering if you have a template of defence statement I could use?

Thank you will draft this up now

[davidsilva21]

Am I right in thinking I would reference exhibits in both the witness statement and the defence, and that I should make a defence based on why she has made a claim against the wrong person and not why she should not receive a refund?

[davidsilva21]

In the Northampton County Court Business Centre

Claim No: xxxx


Claimant

And

Defendant

DEFENCE

1.The Defendant discovered the claim xxxxxxxx from the NATIONAL CIVIL BUSINESS CENTRE on 12/08/2023

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a partial refund on a used car that was sold to the claimant for £1060.

4. The claimant had entered into an agreement with company for the sale of vehicle REG on 16/12/2020.

5.The sale of the vehicle REG was not between the defendant and the claimant please refer to exhibit A.

6.The Claimant’s Particulars of Claim fail to state the correct party of sale

7.The Defendant argues the alleged claim of debt is against the wrong party.

8. The defendant wrote via post and email to the claimant requesting consent to set aside (see exhibit F) to which there was no response.

9.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

10.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________


OR should I include why she should not be entitled to the refund and my defence should as if I am the company, also where would I put about her covering the court fees

[davidsilva21]

Im pretty much ready to submit the form I am just awaiting defence I don't want to mess it up if anyone has any thoughts? Thanks

[davidsilva21]

I have today received my court date which is good news. Im in on 14th November do I need to prepare anything else. Thanks

[davidsilva21]

Todays the day hopefully I have done enough

[R0b]

Good luck, let us know the outcome and hopefully you will be successful as long as you show your evidence to prove otherwise. Would be interested to know if the other side turns up.

If you win, make sure to ask for your costs of attending and more importantly your application fees at least. General rule under CPR is that the successful party should be awarded their costs/fees.

[davidsilva21]

Thanks for all the help rob,

in terms of the costs would I need to work that out before I go, I have asked for the £275 to be repaid already but I was thinking of travel cost etc

[MIKE770]

£19.00 per hour your cost I believe is still the amount you can claim/

[R0b]

Thanks for all the help rob,

in terms of the costs would I need to work that out before I go, I have asked for the £275 to be repaid already but I was thinking of travel cost etc

If you didn't submit a costs schedule the judge might not award you with any additional costs, but you can ask the judge to make a summary assessment based on your costs you have mentioned, travel, drafting and preparing and attending the hearing etc. For attendance, if you had to take annual holiday for the hearing then you should claim that back since technically it is a 'lost' holiday that could have been used at another time but for the claimant's actions.