**DISMISSED** CCJ Help Needed

[nemesis45]

Re: CCJ Help Needed

Yes, it appears to have been. The figures don't add up and the schedule of charges doesn't match the individual billable items. I've got everything ready but I'm still nervous as hell...

It would surprise me more if you were not nervous. What time is the hearing?
If you have time write out some bullets points to jog your memory it will I hope make you more condfident.

Good Luck!!!

nem

[egbert]

Re: CCJ Help Needed

Bullet points done - really helpful.

[nemesis45]

Re: CCJ Help Needed

Bullet points done - really helpful.

Well Done !!

[egbert]

Re: CCJ Help Needed

The judgement has been set aside. I guess now the hard work starts again if they re-file.

[Amethyst]

Re: CCJ Help Needed

Well done. Did the Judge mention when to file your defence ?

[egbert]

Re: CCJ Help Needed

Yes. I have a date in August. I guess I wait for them to file first. I now have a stack of paperwork to go through which they presented this morning at the hearing. Thanks for everyone's help.

[nemesis45]

Re: CCJ Help Needed

The judgement has been set aside. I guess now the hard work starts again if they re-file.

Good news !! Well Done.
An order from the judge regarding submitting a defence to the original claim? Costs?

nem

[egbert]

Re: CCJ Help Needed

Nem,

Sorry for the delay I was travelling back. The order is for a defence to the original claim. They have until towards the end of July to re-file. I take it is will receive something in writing from the court. I took notes but to be honest I was so nervous about the process I may have missed something.

[nemesis45]

Re: CCJ Help Needed

Nem,

Sorry for the delay I was travelling back. The order is for a defence to the original claim. They have until towards the end of July to re-file. I take it is will receive something in writing from the court. I took notes but to be honest I was so nervous about the process I may have missed something.

Hi Egbert,

Yea you will get a written copy of the judges order.

You certainly seem to have done well!! Was there any argument from them on the set aside ?

We will assist you with a fully pleaded defence.

nem

[egbert]

Re: CCJ Help Needed

Nem,

Yes there was - they tried to say they served notice at my last known address but the judge sided with me in that they had been informed of my correct address. Also the judge seemed less than impressed that they presented their witness statement in court without me having seen it. I know I fluffed my presentation in places but I did not get the grilling they did.

[pt2537]

Re: CCJ Help Needed

can you please let us have the wording of the Order when you receive it so that we can point you in the right direction

[egbert]

Re: CCJ Help Needed

This is the order I have received from the court:

IT IS ORDERED THAT

The judgement against xxx xxx dated ddmmyy be and is hereby set aside.

Then on a second page:

The Claimant shall serve on the Defendant by dd mm yy a copy of the Claim Form and Particulars of Claim, and the statement of xxx xxx, and file a statement of service.

The Defendant shall file in court and serve on the Claimant by dd mm yy a full Defence setting out why he says he is not liable for the debt claimed.

[Amethyst]

Re: CCJ Help Needed

What are the dates on the claimant's part of the order ? ( you said end of July - which is like about now ) Have you had anything from the claimants at all since the order?

[egbert]

Re: CCJ Help Needed

This received from claimants, arrived yesterday in the post:
Our Client: Lowell Portfolio 1 Ltd
Balance Due: £xxx.xx
Original Creditor: Capital One (Europe) PLC
Original Account Number: xxx
Claim Number: xxxxxxxx
County Court: xxx County Court

We refer to the above matter and the Order made by District Judge xxx dated xxJuly 2016.

Please find enclosed:

i) Reconstituted copy of our client's claim form issued on xx May 2015; and
ii) Further copy of our client's witness statement dated xx July 2016.

We can confirm that a copy of this letter together with its enclosures has today been filed at court.

We look forward to receiving a copy of your full Defence in due course.

Kind regards

Xxx xxx

- - - Updated - - -

I'll try an scan the other elements.

[egbert]

Re: CCJ Help Needed

Next update... I now have from the court a Notice of Proposed Allocation to the Fast Track. Wording as follows:
TAKE NOTICE THAT
1. This is now a defended claim.
The defendant has filed a defence, a copy is attached.
2 it appears that the case is suitable for allocation to the fast track.
If you believe that this track is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why.
3. You must by 16 September 2016
A) complete the directions questionnaire, file it with the court office xxxx and serve copies to all parties
and b) attempt to agree directions with all other parties
and c) file proposed directions (whether or not agreed) with the directions questionnaire.