**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi all :santa3:

So WS sent of special delivery today - should get it tomorrow so am well with in the deadline (well 24 hrs LOL)

can you advise what the next steps are - i strongly suspect DF wont comply with the deadline of 11th december. Hearing is not til early march but should i start to prepare a skeleton argument - if so can you point me in the direction of a starting place.

Thanks as always

LLL

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Bit rushed today but skeleton arguments https://civillitigationbrief.wordpre...d-the-triquel/

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

thanks M1 - just getting my thinking cap on about it all ,,, measure twice cut once and all that

have a good day!

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

OK so surprise surpirse

The order from the court of 3rd November stated that all documents to be relied on in court were to be filed and served by 4pm on 11th december - i duly did my duty (both court and DF )recorded as received and low and behold nothing from Drysden Fairfax.....

what should I do?. I am well versed in the way of the legal system - is it simply a case of tough one rule for you, one for them or should I chase them for the documents and bring the courts attention to their non compliance ????

thanks as always

:LLL

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

PS should have said the hearing is not until March

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Sorry to ask again I know every one is busy!

I would be very grateful for a beagles steer on what to do next with regards to DF's non submission of a witness statement. The order received from the court said they should submit all documents by 4pm on 11th but no sanction for non submission was stated on the order - should I chase DF and inform the court or do I have no real recourse?

Thanks as always - sorry to ask again

LLL

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Usually directions, such as that, for a hearing indicate that if you do not comply the court may refuse their use.

I'd phone up and ask where it is just in case they play the "royal mail are shit" card.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks M1. As the hearing is not until March i think I will send it in writing so the cant play that card LOLS

yes the order did say that they may refuse their use but TBH i know how this works and am sure they will get away with submitting some half baked nonsense at the 11th hour ,,,,!

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Well they shouldn't get to use it without getting relief from sanctions. You'd do well to swat up on that. https://civillitigationbrief.wordpre...from-sanctions

No evidence = screwed.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks m1 ! I'll have a proper look. I really appreciate all your help :reindeer:

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Dear all

a belated happy new year!

i am sorry to be a nusiance but would be grateful for a bit more advice. the claimant has not filed their witness statement as per the order which said that all paper work had to be in by 11th December.

As per your excellent advice i wrote to them just before Christmas , noting nothing had been received and asked them to send me a copy. They haven't replied and the court has confirmed today that nothing has been received.

what should i do now , should i write again asking if are still persuing and will be applying for a relief of sanctions (i hope thats the right term) has any one else had this?

thanks so much for your help

LLL

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

They may think they don't need a witness statement for their case ???

If sanctions are applied then yes they need relief. :okay:

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi All

I have just found out today that i have to go on a work trip which means i cant attend the hearing in March, There is no way out of it, the trip is a result of over a years work - i just cant believe its come up now

I have heard NOTHING from the claimant, checked with the court and they have paid the hearing fee but no witness statement has been submitted, I am totally snookered and i dont know what to do. a CCJ will seriously affect future employment

am so stressed

any advice is greatly appreciated -

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

sorry to ask again - i have had a sleepless weekend .

This has been going on for a year and i dont think i can take the stress on top of everything else going on in my life anymore. II have come to the conclusion that given all the variables I am best trying to negotiate a tomlin - could any one point in the direction where to start.


the hearing date is 5 weeks away
sorry to ask -

LLL

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

I am so so sorry to bump but i would be so grateful if you could steer me where to get some guidance about negotiating

I am at a loss and feel very stressed