Ccj advise

[Rock lobster]

Hello all

I recently received a ccj claim, I filled in a defence online and a while later I received a questionaire about mediation, which I returned.

The next thing I receive a ccj in default form (dated 19th June), despite having competed a defence and sent in the mediation form. I assume the mediation form wasn’t logged court side.

Ok so I was planning to try to set aside as I have a great case against these people and am preparing it.

Today only 10 days after the judgment which states 28 days to pay, I have received an issue of warrant of control dated only 9 days after the judgement itself (so much for 28’days to pay) staying bailiffs will come on July 12th, still less than 28 days!

What’s the best course of action from here.

[Amethyst]

Get an application to set aside the judgment and for relief from sanctions in to the court but first give them a ring and check exactly what's happened. They should be able to put a bar in place while you get things sorted.

It sounds like the court struck out your defence as they didn't receive the directions questionnaire ( mediation form? - where you put which court you'd prefer and how many witnesses and that you are agreeable to mediation ? )

Did you send a copy of the questionnaire to the claimant ? or just the court ? and did you send recorded / registered post or just normal 1st class?

Usually if a DQ is late you get a reminder with a 7 day extension....so speak to court first and then you know the exact situation... you should also have had a letter saying your defence had been struck out due to the DQ not being filed.... so somethings gone wrong somewhere.

What date was issue of claim?
What date did you acknowledge the claim?
What date did you file your defence ?

[MIKE770]

Set Aside Application

[jaguarsuk]

Get an application to set aside the judgment and for relief from sanctions in to the court but first give them a ring and check exactly what's happened. They should be able to put a bar in place while you get things sorted.

It sounds like the court struck out your defence as they didn't receive the directions questionnaire ( mediation form? - where you put which court you'd prefer and how many witnesses and that you are agreeable to mediation ? )

Did you send a copy of the questionnaire to the claimant ? or just the court ? and did you send recorded / registered post or just normal 1st class?

Usually if a DQ is late you get a reminder with a 7 day extension....so speak to court first and then you know the exact situation... you should also have had a letter saying your defence had been struck out due to the DQ not being filed.... so somethings gone wrong somewhere.

What date was issue of claim?
What date did you acknowledge the claim?
What date did you file your defence ?

To add to this it could also be that the Claimant filed to have the defence struck out under CPR 24.2 and summary judgement entered. It seems like they are quite the aggressive Claimant given they want to enforce via a Warrant of Control so quickly, so this is completely plausible.

It might be worth posting a copy of the claim form and your defence with identifying information removed to allow comment of the claim along with your prospect of defending it.

[davenewbergr]

To add to this it could also be that the Claimant filed to have the defence struck out under CPR 24.2 and summary judgement entered. It seems like they are quite the aggressive Claimant given they want to enforce via a Warrant of Control so quickly, so this is completely plausible.

It might be worth posting a copy of the claim form and your defence with identifying information removed to allow comment of the claim along with your prospect of defending it.

Without serving the defendant with notice of the application?

[jaguarsuk]

Without serving the defendant with notice of the application?

Yes, whilst they are supposed to serve it things do get lost in the post and/or the other side don't always play by the rules.

[Rock lobster]

Ok so it seems they didn’t receive the paperwork saying which court and if I would accept mediation, I have the post office receipt from when I sent to to prove postage.

[Amethyst]

Okay, have you informed the court that you sent the DQ and have a posting receipt, and that you haven't heard anything since from them?
Did you find out if the other side had filed theirs ? ( and also tell the court you didn't receive a copy )

You need to file your application to set aside the judgment, suspend the warrant, and for relief from the sanction of not filing the DQ (which had the consequence of the judge struck out your defence) asap.
Set Aside Application

[Rock lobster]

So my best course of action today is to ask the claimant if they will agree to voluntary set aside? I doubt they will as they are aggressive (as they are wrong!). If they do not agree, I should call up the court (Northampton or local court?) to get a stay on the warrant (what should I say?), following that get the set aside papers in promptly.

is this correct?

[jaguarsuk]

So my best course of action today is to ask the claimant if they will agree to voluntary set aside? I doubt they will as they are aggressive (as they are wrong!). If they do not agree, I should call up the court (Northampton or local court?) to get a stay on the warrant (what should I say?), following that get the set aside papers in promptly.

is this correct?

You can ask them for consent to set aside setting a 7 day deadline for response, but you need to stay the warrant and it could be executed in the next 7 days, so do as advised in post #8.

You need to file your application to set aside the judgement, suspend the warrant, and for relief from the sanction of not filing the DQ (which had the consequence of the judge struck out your defence) asap.
Set Aside Application

[Rock lobster]

Do I send the stuff to Northampton or my local court which is listed on the warrant?

[jaguarsuk]

Do I send the stuff to Northampton or my local court which is listed on the warrant?

Local Court

[Rock lobster]

Thank you

ill call then and advise I have proof the forms were posted and will be applying for a set aside, anything else I should say to help with getting the stay

[Rock lobster]

Ok I’m been trying to speak with the claimant, but the named person in the form is away for 2 weeks, so can’t ask him if he’ll agree to set aside, or indeed make an arrangement or even it appears arrange to pay until after all deadlines.

i have an automated email from his email saying he’s away until July 23rd, is this something I can use?

What do I need to put with n244, statement and order etc, I’m a bit stuck with what to write

[jaguarsuk]

Ok I’m been trying to speak with the claimant, but the named person in the form is away for 2 weeks, so can’t ask him if he’ll agree to set aside, or indeed make an arrangement or even it appears arrange to pay until after all deadlines.

i have an automated email from his email saying he’s away until July 23rd, is this something I can use?

What do I need to put with n244, statement and order etc, I’m a bit stuck with what to write

You don't need to submit a draft order, just ask in 3 for an Order to set aside the judgement, suspend the warrant, and for relief from the sanction of not filing the DQ due to you returning the N180, but the default judgement still being entered.

In the Witness Statement you just need to state what has happened in a chronological order and enclose a copy of the proof you posted the DQ off.