CCJ Please - Court Hearing help

[nemesis45]

Re: CCJ Please - Court Hearing help

Thanks for your reply, Yes please if you can compile a letter I will appreciate that.

My plan is if they produced deed and if they are able to explain why payments are showing and who made these payments(valid debt) then offer settlement and avoid hearing.

However if not I will surely take this further for wasting my time/stress.

Thanks

Hi MG,
I'll do that for you, as said it's going to take a while.
To help if you have any specific points that you believe should be addressed PM them to me.

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Good news, I've sent the email on Thursday for counter claim if no evidence/clarification is provided as per the issues raised in the DEFENCE.
I've received letter today saying discontinuous of case and no need to attend hearing.

Now does this mean everything is done n dusted or they can going forward come back again with this debt. Thanks every one who has assisted me.

cheers

[FlamingParrot]

Re: CCJ Please - Court Hearing help

Hi Good news, I've sent the email on Thursday for counter claim if no evidence/clarification is provided as per the issues raised in the DEFENCE.

It would be good if you could post up what you sent so that we can all see it, especially in view of the good results it's produced! The whole point of a forum like this is to share experiences with the whole community rather than just privately. :typing

I've received letter today saying discontinuous of case and no need to attend hearing.

WOW, that's excellent!

With so many discontinued claims, the official LB anthem just gets played again and again!

Now does this mean everything is done n dusted or they can going forward come back again with this debt. Thanks every one who has assisted me.

It would be an abuse of process to issue a new claim unless they had fresh new evidence that wasn't available first time round.

I'd suggest checking with the court next week to make sure they've received the notice of discontinuance and the hearing has been vacated. :thumb:

[mightyg]

Re: CCJ Please - Court Hearing help

I've confirmed with the court already, this is what I've sent hope this helps someone.


I would like to refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states:
“before commencing proceedings, the court will expect the parties to have exchanged sufficient information to
(a) Understand each other’s position
(b) Make decisions about how to proceed
Paragraph 6 of the Practice Direction states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.”
My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I’ve called & written to you, to provide the information requested in my Defence.
This information would be expected to be supplied before the hearing date and would likely be in your possession.
If you consider that there is difficulty in providing copies of the documents or information requested in Defence, please provide the details and the reason before the hearing date.
In accordance with the Practice Direction, I shall be able to provide you with a full response after the receipt of satisfactory reply including the relevant documents to my Defence. I also reserve the right to counterclaim and refer to the contents of this letter if no documents or satisfactory explanations are issued before the hearing date.

[FlamingParrot]

Re: CCJ Please - Court Hearing help

I've confirmed with the court already, this is what I've sent hope this helps someone.

I would like to refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states:
“before commencing proceedings, the court will expect the parties to have exchanged sufficient information to
(a) Understand each other’s position
(b) Make decisions about how to proceed
Paragraph 6 of the Practice Direction states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.”
My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I’ve called & written to you, to provide the information requested in my Defence.
This information would be expected to be supplied before the hearing date and would likely be in your possession.
If you consider that there is difficulty in providing copies of the documents or information requested in Defence, please provide the details and the reason before the hearing date.
In accordance with the Practice Direction, I shall be able to provide you with a full response after the receipt of satisfactory reply including the relevant documents to my Defence. I also reserve the right to counterclaim and refer to the contents of this letter if no documents or satisfactory explanations are issued before the hearing date.

Morning and thanks for posting that up

That looks like an adaptation of a letter I often recommend sending in response to a letter before action or letter of claim. :noidea: The gist of it is there and it seems to have done the trick. :grin: However, for future reference, the opening paragraph and the ones below quote bits of the pre-action conduct which, as the name suggests, apply BEFORE action is taken, i.e. before a claim is issued. Once a claim is issued there are other bits of the CPRs that come into play. :thumb: