Cabot CCJ Issue

[teddyben55]

Ok echat11 thanks again for all your help i will email and post everything today and let you know how it goes.
Again thanks for all your wisdom I really appreciate it

Best regards

[teddyben55]

Morning echat11
I hope you're well and ready for the festive period.
Apologies for the delay in coming back to you my mum has not been well.

The hearing on the 5th regarding the stay being lifted was a complete farce.
The judge spent the first 20 mins going through many mistakes Mortimer Clarke solicitors had made.
they didn't file the application to lift the stay on time, the file they did eventually submit was too large in file size.
However he deemed that the solicitor was able to make a verbal application and after a brief break (the solicitor made a phone call to her superiors about how to proceed).
The judge basically gave them full rein to pursue the claim again . (see attached letters).
I argued the decision and put forward the test of appropriateness but it fell on deaf ears.
I have an opportunity to submit CPR Complaint evidence but im unsure what this entails.
Please could you point me in the right direction>

Thanks again for everything.

[echat11]

Morning echat11
I hope you're well and ready for the festive period.
Apologies for the delay in coming back to you my mum has not been well.

The hearing on the 5th regarding the stay being lifted was a complete farce.
The judge spent the first 20 mins going through many mistakes Mortimer Clarke solicitors had made.
they didn't file the application to lift the stay on time, the file they did eventually submit was too large in file size.
However he deemed that the solicitor was able to make a verbal application and after a brief break (the solicitor made a phone call to her superiors about how to proceed).
The judge basically gave them full rein to pursue the claim again . (see attached letters).
I argued the decision and put forward the test of appropriateness but it fell on deaf ears.
I have an opportunity to submit CPR Complaint evidence but im unsure what this entails.
Please could you point me in the right direction>

Thanks again for everything.

Judges / Courts are 'fickle', you could have exactly the same case in another region with a different Judge / Court and get
a 'good' result.

Have you called the Court, has the Claimant complied with No.6 on attachment 2?

[teddyben55]

Hi echat11 it came through the letter box in a sorry state on the last day. The envelope was barely holding onto the documents inside.

[echat11]

Hi echat11 it came through the letter box in a sorry state on the last day. The envelope was barely holding onto the documents inside.

So what exactly does the Application for Summary Judgement say?

[teddyben55]

Hi echat11 everything that was in the pack is pictured attached.
Apologies they haven't titled anything Application for summary only Application notice

Best regards

[teddyben55]

Hi echat11 is the application for Summary judgment a collection of the screen shots in post 51 or is it a separate letter/form?

Many thanks

[echat11]

Hi echat11 is the application for Summary judgment a collection of the screen shots in post 51 or is it a separate letter/form?

Many thanks

Can you post a reminder tomorrow?

[teddyben55]

Of course echat11 many thanks

[teddyben55]

Hi echat11 I have a new hearing date of the 16th January.
Do I have any chance of a positive outcome?
WOuld it be worth making an offer to Mortimer Clarke to show that I want to settle or is this just sealing my fate?

Many thanks

[teddyben55]

echat11 sorry for all the questions.
Shall I still use the agreement being illegible as evidence they sent me another which is slightly better but still not a great example after waiting 3 years

[echat11]

Hi echat11 I have a new hearing date of the 16th January.
Do I have any chance of a positive outcome?
WOuld it be worth making an offer to Mortimer Clarke to show that I want to settle or is this just sealing my fate?

Many thanks

The Judges / Courts are 'fickle', you've experienced that.

What I would say is that the Judge at your Hearing was 'dismissive' of your objection (the case)
to the Claimant wanting to lift 'the stay' after such a long time. The Judge clearly didn't understand it.

The Judge didn't address that at all, when you submit a supplemental Witness Statement before
the 24th December. The case law needs to be stressed.

You can make Without Prejudice Save as to Costs (that must be written on the offer letter). The
Judge will only review those letters after the case.

Yes use the same evidence, but it needs to be laid out for the Judge / Court.

[teddyben55]

Thanks echat11 do I need to put a full defence witness statement together before 24th or is it just against the decision to lift the stay?

[echat11]

Thanks echat11 do I need to put a full defence witness statement together before 24th or is it just against the decision to lift the stay?

The Judge / Court 'lifted the stay', so concentrate on Defence Witness Statement, but it doesn't stop you stating that the 'stay' shouldn't have been lifted because, restate that it's taken the Claimant over 6 months to 'lift the stay' and they haven't provided any explanation for the delay, there has been substantial determinant to the defendant, health, etc.

Copy and paste to this thread without personal details.

[teddyben55]

Thanks again echat11 if you could possibly have a quick look over the attached word document at a rough layout of the new witness statement.