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THANK YOU legalbeagles won ccj but a problem

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  • THANK YOU legalbeagles won ccj but a problem



    I want to give a big thank you to LegalBeagles. Your help was really important because I couldn't have undone the CCJ (County Court Judgment) on my own, and I couldn't afford a solicitor. Here's a bit about what happened: In a letter before action I replied before things got legal, I made it clear that I'm living outside the UK and told them how to reach me. But a tricky solicitor for the creditor took advantage of this and sent the CCJ to my old address. The judge got pretty mad about this and canceled the CCJ, giving me 30 days to put together my defense.

    But, here's the thing: I didn't have a UK address to use when I wanted to cancel the CCJ. So, I used my old address on a forum called N24. Now, things have ended up in a court where my old address used to be. In that first letter I sent, I mentioned that when I come back to the UK, I'll get a new address. Well, now I'm living in Belfast, Northern Ireland, but the court stuff is still happening in England.

    I talked to the court and asked if they could move everything to Belfast since that's where I live now. They told me to fill out a form called N24, which I did. The person who's making the claim against me sent a letter to the court saying they're okay with moving the hearings to Northern Ireland and do not object . But here's the surprising part: the judge said this: "{( AND UPON the defendant respecting his request for transfer to Belfast but the court is not able to transfer that matter outside of the Jurisdiction of England and water as Ireland has separate legal system.)IT IS ORDERED THAT 1. Hearing of the Claimants application dated 2023 for strike out and/or Summary Judgment is adjourned to the first open date after 10 days Estimate hearing time 1 hour 30 minutes via CVP}

    So, even though the person making the claim doesn't mind moving the hearings to Belfast and they sent no objection letter to honourable court , the judge says we can't do that because Northern Ireland has its own jurisdiction as per above stataemnt . Here are my questions:

    a) How is it my fault that things ended up in England when the person making the claim used my old address to sneakily serve me legal papers and get the CCJ?
    b) It doesn't seem right that I have to travel to England for a court hearing if the person making the claim is okay with having it in Northern Ireland. But the judge says we can't because Northern Ireland has different rules.
    c) What can I do to make sure I can have the hearing where I live? I'm dealing with mental health stuff, taking medicine, going to counseling, and I'm scared to be alone. I even have medical records from a doctor in the UK. Please help me, LegalBeagles.

    I need your assistance, LegalBeagles. I truly want the court hearing to take place in my local court in Belfast, especially considering the claimant has sent a letter to the court stating they have no problem with transferring the proceedings to Belfast.

    ***
    Message to modertoaros: I hope you don't have any objections, but after receiving answers to this post, I plan to ask a few more questions regarding filing my defense. Once again, I want to express my gratitude to LegalBeagles for helping me out.
    Tags: None

  • #2
    The hearing is to be via CVP. That is a video conference system: https://www.gov.uk/government/public...-video-hearing.

    Contact the court to find out more about how it works.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      The hearing is to be via CVP. That is a video conference system: https://www.gov.uk/government/public...-video-hearing.

      Contact the court to find out more about how it works.
      Thank you for your response. I understand that the hearing is conducted through video conferencing. However, my ability to attend the court in person was compromised by the claimant's deliberate service of documents to my previous address. As a result, I successfully applied to set aside the CCJ. While I am aware that I can participate in the hearing via CVP video, it is not feasible for me to travel from Northern Ireland to England.

      The situation raises concerns about my right to have the court hearing take place in my local courts in Northern Ireland. Interestingly, the claimant has not objected to the transfer of my case to Northern Ireland. In light of these circumstances, I am seeking guidance on how I can ensure an in-person hearing in Northern Ireland rather than a video hearing in England. Your assistance in this matter would be greatly appreciated.

      Comment


      • #4
        I do not know that what you want is possible: the question is whether the court is able to transfer a case out of the jurisdiction to another jurisdiction. I don't think it can do that.

        You didn't help yourself by giving an - incorrect - address when you applied to set the judgement aside.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          I do not know that what you want is possible: the question is whether the court is able to transfer a case out of the jurisdiction to another jurisdiction. I don't think it can do that.

          You didn't help yourself by giving an - incorrect - address when you applied to set the judgement aside.
          Thank you. Both the claimant and I, the defendant, agree to transfer the case to Northern Ireland's jurisdiction. However, the court seems unable to proceed with this transfer. In light of this, could I file a petition in the High Court or submit another N24 to the same court? I believe my right to an in-person hearing is not being upheld, given that I now reside in Northern Ireland. Please guide me on the next steps to take. Thank you.

          Comment

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