CCJ help please

[abbiesmom]

Re: CCJ help please

Thinking back the issue with the whole legal aid situation is that at the time of first signing with the firm my ex was claiming joint income support for both of us and it wasn't until 17 May 2010 that I was entitled to it in my own right as they wouldn't do a single claim for me whilst he was still claiming and it took a lot of legwork with the benefits agency to get it all sorted.

Our divorce settlement was fairly simple he wanted half my pension which I disputed and wanted my pets and various other items which I could prove I had prior to the marriage (nothing of worth but of sentimental value to me so he knew asking would peev me off). My suggestion was that we had a clean break with him keeping anything that was his, me retaining my rights to my pension and anything within the family home (rented) as our children lived there. He gave in in the end probably because his solicitor had told him he appeared unreasonable as I was asking for nothing which would secure our children's future.

[abbiesmom]

Re: CCJ help please

Sorry guys but more questions;

I have a Notice of Allocation to Small Clams Track (Hearing) dated 28 November which allocates it to be heard in Feb 2014 but it is from this letter I got the date which is actually 30 December (not 31st) to send to court and other party copies of all documents and written statements. It then goes on to say a hearing fee of £110 is payable by claimant by 9th December and failure will result in the hearing being removed.

At what point will I know if they have paid?

On the next page it says;
At least 14 days before the final hearing (which I guess is the Feb 2014 date) I must file at the court office and each other copies of all relevant documents and copies of statements of the evidence and those of any witnesses - Is this in addition to the 30th December date or something else entirely?

[Amethyst]

Re: CCJ help please

Hi,

Before the preliminary hearing had you submitted a defence at all ?

If you can upload the AQ you have received that might be an idea. The allocation questionnaire usually just goes to the claimant (and they pay the fee) so it sounds like you have directions as well and the two are getting confused. ie. You may have directions to file your defence, then the claimants and yourself to file paperwork pre court.

Also - this standing order form - does that state what the Standing Order is for ?

Also re the Letter '' response stating that I would need to attend the office to sign a form'' does that letter make it clear that without signing the form you wouldn't get legal aid and would be liable for the fees yourself ?


Also you weren't entitled to Legal Aid until 17 May 2010 but the work was done 6th May. What's the breakdown of that 6th May amount ?


Oh yes, and don't worry about the getting it under £750, that's only for Statutory Demand petitions and you're already in the courts system.

If it turns out you need to pay then you will be able to submit an income and expenditure and will be ordered to pay an affordable amount by installments.

If they wanted to secure the debt via charging order, then if the total judgment is over £1000 then they MAY be able to do this, but it is only likely if your installment payments are very low.

[abbiesmom]

Re: CCJ help please

Sorry AQ? Is that the letter from the court and how do I upload? If it was the first form I filled right at the start back in Sept I filled it online and didn't take a copy - is there a way to retrieve - at the time I had no idea to what it referred and stated that as my defence (the firm of solicitors have changed their name) on further investigation I found out what it was and sent a letter to the court advising them that the firm had not followed pre-court protocol (which I believed they hadn't - no Letter before action) and had not sent me any documentation and therefore my defence was one of frustration I also outlined the verbal agreement we had made whilst they investigated and advised that they had told me that they would cease court action subject to me adhering to the payment agreement we had made.

Re IS - I was named on my ex husbands claim until May 17 and then in my own right after this date. The bill to 6th May is 1475.22 I think - it is not clear it just gives 2 invoice numbers and a figure. In all honesty I do a little work with accounts and have had many bills throughout my life and this one is not like anything I have ever seen before - probably why I disregarded it in 2010!!!

Their letter in my response to a request for them to apply legal aid from 17 May (as this was then in my own right) states that it will be passed to the relevant department accordingly and that they look forward to receiving the enclosed form from me and an initial payment within the next few days (this is dated 23 July 2010 and enclosed was a Regular Payment Form which they had partly completed to set up a new standing order - there are stars by the bits I am to complete which was my bank details - date of first payment and my signature. There is then a copy of this form with my details completed stamped as being received on 27 July 2010 and a note on this photocopy (handwritten) 'my copy original sent to Bank Name on 27/7'

No payment was ever taken from my account as a result of this.

I have not yet had anything following the fax I sent requesting the SAR including no info on whether they expect any payment for this service.

[Amethyst]

Re: CCJ help please

Sorry, AQ = Allocation Questionnaire (the one asking the claimant to pay £110)

Uploading documents http://www.legalbeagles.info/forums/...r-details-safe!)


(just reading rest of your post now )

[Amethyst]

Re: CCJ help please

Okay the form your completed online sounds like it was your defence - I think I understand what you have stated on it but it would be better to have the full text - you should still be able to log into your account on Moneyclaim online to retrieve it. Sounds as though that is why there was the preliminary hearing....did the claimants send any paperwork/representations to the court for that hearing (I know they didn't attend to ''save costs'')

If you can upload the invoice that would be good too.


With the AQ is there an order for directions with it ? If so if you can upload or type that out exactly too.

I think possibly the best next step for you to take is to sit down with all your paperwork and write the basis of a witness statement. This will help get the case clear in your mind and put everything in order - you'll be needing to do one for the court later anyway and it would be good to have the information in a formal format to read through.

So a WS is basically factual events in a chronological list, without legal argument, just facts.

very rough example........

1: On XX May 2007 I engaged solicitors to bring divorce proceedings against xxxxxxx
2: On XX May I completed form XXX to apply for Legal Aid whilst at the offices of solicitors xxxxxxxxx - Copies of benefits forms etc were taken
3: On XX June I received a letter from xxxxxx solicitors ( EXHIBIT B) requesting I attend their office to sign paperwork which I believed to be Legal Aid
4: On XX Dec I received the court claim XXXXX from the claimant.


Worth doing as you will know what documentation you have - the 'exhibits' and what is needed and we'll be able to understand the case a bit more.

[abbiesmom]

Re: CCJ help please

Not able to scan the AQ and a photo didn't work so will type it;

Note of Allocation to the Small Claims Track (Hearing)

Solicitors Name - 1st Claimant
My Name - 1st Defendant

Dated 28th November, Claim Number xxxxxx In My Local County Court

District Judge xxx has considered the statements of the case and questionnaires filed and allocated the claim to the small claims track.

The judge considers your case is suitable for mediation and you are therefore encouraged to use the Small Claims Mediation Service. This service is FREE for court users with a current small claims case. Mediation appointments can be conducted by telephone (saving the need to come to court), parties can also mediate without the need to meet or speak to one another. The mediation is usually limited to one hour and is confidential. If you would like to take up this offer - or find out more about the mediation process you should contact the court mediator on Telephone number or email within 7 days of receipt of this order.
By 30 December 2013 the parties must send to the court and send to each other copies of all documents upon which they rely and copies of the written statements of themselves and their witnesses (if any).

The hearing of the claim will take place at 11:30 AM on the 12 February 2014 at MY LOCAL COUNTY COURT AND ADDRESS and should take no longer than 90 minutes.

A hearing fee of £110.00 is payable by 9 December 2013 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

The court must be informed immediately if the case is settled by agreement before the hearing date.

The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.

The following directions MUST also be compiled with in any event whether specifically stated in the above directions or not.

(1) At least 14 days before the final hearing (unless a date is specified in the order), each party MUST file at the court office and serve on each other copies of ALL relevant documents

(2) At least 14 days before the final hearing (unless a date is specified in the order), each party MUST also file at the court office and serve on each other copies of the statements of the evidence they intend to give and also the statements of any witnesses whose evidence they intend to rely upon. This requirement includes the statements of the parties themselves.

NOTE
The parties MUST understand that if they fail to comply with these requirements for any reason, at the final hearing the Trial Judge may well refuse to consider and take into account the omitted evidence of a party or other witness (i.e. that which could or should have been contained in the statement of a party or witness) or any omitted document (i.e. that which could or should have been disclosed in accordance with these directions) and this could result in the claim or defence being struck out as the Court will not as a general rule be willing to adjourn the final hearing because of such failure.

If a party cannot comply with these directions within the time provided by the Court, that party may apply for more time, any such applications or any application for relief from the sanction likely to be imposed as indicated in the proceedings paragraph MUST be made on notice to the other party/ies and in good time and in any event well before the final hearing. If made at the final hearing, such an application may well be refused if there is no good reason for the failure or to grant it would cause prejudice or unfairness to the other party or result in an adjournment. Date 28 November 2013



There is then notes at the bottom about attending which I believe to be standard.

[abbiesmom]

Re: CCJ help please

Tried logging in to the money claims site using the password and claims number and it says not valid - am I doing something wrong?

[Amethyst]

Re: CCJ help please

mmm I know last time I did a claim I couldn't do anything online after the claim had gone past defence, but I'm pretty sure I could still view what I had put. Don't worry too much, as those issues have been dealt with now I think at your preliminary hearing.

[abbiesmom]

Re: CCJ help please

Invoice: xxxxx

FOR OUR PROFESSIONAL SERVICES
CLIENT: MY NAME
RE: MATRIMONIAL

DATE	06 MAY 2010
COSTS	1,239.30
VAT @ 17.5% THEREON	19.04
TOTAL	1,475.22
DISBURSEMENTS
TOTAL FOR THIS INVOICE	£1,475.22
VAT REGISTRATION NUMBER XXXXXX	FILE NUMBER XXXXX
WORK TYPE: MAT	REF: XXXXXX

PAYMENT TERMS 30 DAYS FROM DATE OF INVOICE
This firm is Regulated by the Law Society in the Conduct of investment business

[abbiesmom]

Re: CCJ help please

Maybe I'm doing something wrong (wouldn't surprise me) I'm new to all this claim malarkey!

[abbiesmom]

Re: CCJ help please

That was just an example of invoice - the others are the same just the dates invoice number and amounts change

[Amethyst]

Re: CCJ help please

Okay so there's no breakdown of what the £1239.30 is ?

[MissFM]

Re: CCJ help please

Invoice: xxxxx

FOR OUR PROFESSIONAL SERVICES
CLIENT: MY NAME
RE: MATRIMONIAL

DATE	06 MAY 2010
COSTS	1,239.30
VAT @ 17.5% THEREON	19.04
TOTAL	1,475.22
DISBURSEMENTS
TOTAL FOR THIS INVOICE	£1,475.22
VAT REGISTRATION NUMBER XXXXXX	FILE NUMBER XXXXX
WORK TYPE: MAT	REF: XXXXXX

PAYMENT TERMS 30 DAYS FROM DATE OF INVOICE
This firm is Regulated by the Law Society in the Conduct of investment business

um - 1,239.30 + 19.04 doesn't equal 1,475.22. It comes to 1,258,34. But there again 17% of 1,239.30 isn't 19.04......what an unprofessional invoice!

[abbiesmom]

Re: CCJ help please

um - 1,239.30 + 19.04 doesn't equal 1,475.22. It comes to 1,258,34. But there again 17% of 1,239.30 isn't 19.04......what an unprofessional invoice!

Ha I didn't even notice that!

The next ones are 60.30 and VAT @ 10.55 and 190.95 and VAT @ 33.42 my mind is way too pickled now to work out if they are right or not. Will put this to bed for the night and try and deal with any further questions with a clear head tomorrow. Like I said I do some work with invoices both professionally and personally and have never seen anything like this.