ccj on credit file

[nemesis45]

Re: ccj on credit file

@nemesis45 hi see that your online and have helped me in the past. If its ok could you help by having a look at the drafts i posted before and advise me on the bits im stuck on. I really need to get this application to set aside sent off. Bailiffs will probably start coming as of next week and im getting worried.

Hello Pel.

Yes of course I'm just on my way out and will take a look am tomorrow.

nem

[pel007]

Re: ccj on credit file

Oh thanks nem, am very grateful. Once i have them done i can send to court and pay the fee.
Have a good evening.

[pel007]

Re: ccj on credit file

Hi nem did you get a chance to look at them, thanks

[pel007]

Re: ccj on credit file

[MENTION=55034]nemesis45[/MENTION] hi sorry to bother you again. Did you get a chance to look. So hope you can help.

[pel007]

Re: ccj on credit file

Hi i have filled out what i can, should i send defence with witness and draft order?

[nemesis45]

Re: ccj on credit file

Hi nem did you get a chance to look at them, thanks

Hello Pel,

Sorry for the delay in responding, thanks to Open Reach once again cutting our phone line every day for a week while installing new cables.
taking a look now.
nem

[nemesis45]

Re: ccj on credit file

Here is witness statement with a little help

WITNESS STATEMENT OF (what should i write here)
_________________________________



I XXXXXXXXXX of XXXXXXXXXX** addressXXXXXXXXXX being the Defendant in this case will state as follows; (AM I PUTTING NAME & ADDRESS HERE)

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.


3. I learnt of the existence of this claim on the XXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]* (SHOULD I PUT DATE WHEN NOTICED ON REPORT OR WHEN RECIEVED LETTER LAST WEEK) *** YES***

4. My address changed in DECEMBER 2014 and a redirection service was in place from DEC 2014 to DEC 2015.**** Therefore there is no reason why any document (s) should not have reached me.***

5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally (SHOULD I WRITE ANYTHING HERE?) *** ****YES*** any details or docs you have can be mentioned here and indexed as e.g. Letter from/to xxxx Exhibit Pel X etc.

6: On june 8th 2018 I made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

7. The Claimant did not respond to my request.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

OK. see amendments.

nem

[nemesis45]

Re: ccj on credit file

Finally defence. Once again thankyou for helping with this.

IN THE XXXXXXXXXXXXXX COUNTY COURT

CLAIM No: xxxxxxx


BETWEEN:

NAME of CLAIMANT

CLAIMANT

And

YOUR NAME

DEFENDANT


__________________________________________________ ______
Draft Defence
__________________________________________________ ______




1. It is admitted that the Defendant entered into an agreement with shop direct on XXXXXX DATE XXXXXXXXXX. (DONT KNOW THE DATE)

2. It is denied that the Defendant owes the Claimants £1681.94 as stated in their particulars of claim.

3***** Summary of events chronologically ** letters sent received, actions taken etc. in numbered paragraphs. e.g. non compliance with requests for documents.

4.**** (WHAT SHOULD I BE PUTTING HERE **** see above****
5.* (SHOULD I ALSO PUT ABOUT IT BEING S.B) he Claimant avers that the alleged debt is statute barred under the provisions of the Limitation Act 1980 and was so barred on or before this claim was issued.

5.(a) A summary of the reason (s) that you believe the debt is SB keep is short and enlarge on WS


I believe the facts stated in this Defence are true.


Signed __________________________

Dated: ____________________________

Take a look at the details in the defence templates in the green box at the top of the forum.

nem

[pel007]

Re: ccj on credit file

Just a quick update everything got sent on the 29th and fee paid. Wife got letter from northampton saying that it was referring the case to dartford court for hearing. Not heard from them as of yet.

We did get another letter from dartford court bailiff with a final notice, my wife called him and explained what had happened and she had made a application to set aside. He said ok i will take out of my pile until after the hearing. Then this morning he has hand delivered another final warning saying if she dont pay by end of the 11th he will be back with a enforcement team.
Wife called him and he said to ignore it that it was posted by error.
Does it normally take long for a hearing and also what should we expect from the hearing, what happens when/if it gets set aside.

[nemesis45]

Re: ccj on credit file

Just a quick update everything got sent on the 29th and fee paid. Wife got letter from northampton saying that it was referring the case to dartford court for hearing. Not heard from them as of yet.

We did get another letter from dartford court bailiff with a final notice, my wife called him and explained what had happened and she had made a application to set aside. He said ok i will take out of my pile until after the hearing. Then this morning he has hand delivered another final warning saying if she dont pay by end of the 11th he will be back with a enforcement team.
Wife called him and he said to ignore it that it was posted by error.
Does it normally take long for a hearing and also what should we expect from the hearing, what happens when/if it gets set aside.

There is a backlog in the court system, you could ring the Dartford CC to find out if the claim has been allocated to it.

nem

[pel007]

Re: ccj on credit file

Hi [MENTION=55034]nemesis45[/MENTION] just a quick update. Got letter through this morning "notice of hearing of application" which will take place 23rd may
Is there anything else we need to do for this and do we attend or wait for the outcome.
Thanks

[nemesis45]

Re: ccj on credit file

Hi @nemesis45 just a quick update. Got letter through this morning "notice of hearing of application" which will take place 23rd may
Is there anything else we need to do for this and do we attend or wait for the outcome.
Thanks

Hello Pel,
Witness statement in support of your defence has to be submitted is there an order on the WS?

nem

[Diana M]

Re: ccj on credit file

and do we attend or wait for the outcome

If a hearing has been listed then you must attend.

Di

[pel007]

Re: ccj on credit file

When i sent of apllication to set aside i sent draft order/ witness statement and defence with the application, is that what you mean?

[Diana M]

Re: ccj on credit file

When i sent of apllication to set aside i sent draft order/ witness statement and defence with the application

The WS should be sent with the Draft Defence at the time of your Application for the set aside, so you've done that correctly.

No need to file another one.

Did you serve everything on the other side at the time?

Di