**WON** Set-Aside & Claim Dismissed **** CCJ Help

[mr_c]

Re: CCJ Help

Howdy, nope you're pretty much sorted until they come up with some sort of documentation to argue against your statute barred defence, really there's probably not much of a claim on charges there as a defence issue. I don't understand this
Do they say what posting currency is in their terms list? All i can find is which doesn't seem to make much sense - transferred it into a different currency for some reason? no idea sorry.

Your main argument for the set aside is the claim being made at an old address and with a teeny bit of effort they could have located you as you were on electoral roll and updated with credit reference agencies. So that's what you're concentrating on for this, the rest is to show you would have a defence ( stat barred, potentially charges, no information/documents from the claimant - as per your original WS ) had you have received the claim.

So 'posting currency' is what is says against every transaction with the amount that the transaction was for.

I.e.

Vodafone - trans value - posting currency = £30

So am I just waiting on arrow to see if they come with up anything Now?

Should I be preparing a defence? Getting evidence together like proof of address with dates I moved etc.

[Diana M]

Re: CCJ Help

Getting evidence together like proof of address with dates I moved etc.

Have you already exhibited evidence with the WS which you filed with your Application for the set-aside?

Di

[mr_c]

Re: CCJ Help

No I didn't send any evidence with my witness statement. I stated the dates but didn't send any evidence of them
[MENTION=87380]Diana M[/MENTION]

[mr_c]

Re: CCJ Help

So 'posting currency' is what is says against every transaction with the amount that the transaction was for.

I.e.

Vodafone - trans value - posting currency = £30

So am I just waiting on arrow to see if they come with up anything Now?

Should I be preparing a defence? Getting evidence together like proof of address with dates I moved etc.

So should I be preparing a defence and getting evidence together? [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

[mr_c]

Re: CCJ Help

Anyone any advice please?

[Amethyst]

Re: CCJ Help

I don't think you need to be doing anything at the moment mr_c - if you have things which back up your witness statement then yes you can put them together in a folder so you have them available if required (I'd also take a couple extra copies of each doc as well in case you need to give a copy to the Judge/other side).

Your defence should be ordered after you have had the set aside granted, so you can work on that then ( or negotiate settlement )

You've got a fair while till the set aside hearing in November so I really wouldn't be stressing just yet xxx

[Diana M]

Re: CCJ Help

It is just a notice of hearing letter.

The hearing of the defendants application for set aside will take place at XXX on XXX November 2017 at the county court.

Then enclosed was a copy of n244 application, my witness statement and my draft order.

Did the Notice of Hearing also say that parties should file/serve any WS or Evidence (documents) they intend to rely on 14 days before the hearing or by a specific date?

I would expect Arrow to respond to your Application with a WS or (hopefully) consent to the set-aside.

Depending on what happens next you may need to file a further WS with Exhibits since simply turning up with them at court may not work. It'll be up to the DJ's discretion whether to allow late evidence to be admitted.

The other party may object to the documents being admitted (late) which denies them the opportunity to consider them. They may even seek an adjournment which would not be to your advantage (it gives them more time to get their act together).

Ideally you would have exhibited anything and everything which supports your WS at the time you filed/served it.

See what comes back from Arrow who have said they're looking into things. If you don't hear anything from them by two weeks' before the hearing (or any date/timeline in the Notice of Hearing) then consider your next step at that point.

Di

[mr_c]

Re: CCJ Help

Did the Notice of Hearing also say that parties should file/serve any WS or Evidence (documents) they intend to rely on 14 days before the hearing or by a specific date?I would expect Arrow to respond to your Application with a WS or (hopefully) consent to the set-aside.Depending on what happens next you may need to file a further WS with Exhibits since simply turning up with them at court may not work. It'll be up to the DJ's discretion whether to allow late evidence to be admitted. The other party may object to the documents being admitted (late) which denies them the opportunity to consider them. They may even seek an adjournment which would not be to your advantage (it gives them more time to get their act together).Ideally you would have exhibited anything and everything which supports your WS at the time you filed/served it.See what comes back from Arrow who have said they're looking into things. If you don't hear anything from them by two weeks' before the hearing (or any date/timeline in the Notice of Hearing) then consider your next step at that point.Di

No, the notice of hearing did not mention anything about providing evidence. That is why I am slightly confused because I was expecting them to say that I needed to provide my evidence to them before the set aside hearing date.

[mr_c]

Re: CCJ Help

So I emailed the court to find out whether or not I should be sending evidence to them before the hearing.
The response I got was:

You may send any documentation to the Court regarding your case which you wish to rely upon. This will be placed on the Court file in readiness for the trial.

They didn't give me a date or anything to send them my stuff.

So the evidence I had in mind was:

1) email from council confirming the dates I was registered at the address the court documents were sent to
2) email from council confirming the dates i was registered at my current address
3) email from landlords at old address confirming the dates I left the property that the court documents were sent to
4) email from estate agents confirming the dates I moved into my new address
5) section of my credit report that shows my electoral register history


Is there anything else?

[mr_c]

Re: CCJ Help

Would be grateful for any suggestions or advice.
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Amethyst]

Re: CCJ Help

Most of your evidence will be for the full hearing following submission of your defence. At the set aside hearing you are only showing that you didn't receive the claim and there's no reason they couldn't have issued the claim to you. So the list you have made does seem appropriate - do you have a copy of your credit file showing dates records were update there with address etc ?

What you'd do is simply write a witness statement stating that this is a supplemental witness statement in support of your application to set aside the judgment, and why and what the documents are that you attach as exhibits.

{{{ I, Mr C of xxxxxxxxxxxxxxxxxxxxxx, am the applicant in this case and make this supplemental witness statement in support of my application to set aside the judgment in claim number XXXXXXXXX. }}}

Send a copy to the court and to the claimant. Write the hearing date on the envelope for the court, and send to the court the hearing is at, FAO The Court Manager. You could also email a copy to the court if you have things scanned in, but send hard copy too, and def hard copy to claimant.

[mr_c]

Re: CCJ Help

So my hearing is next month
I have my evidence printed out and ready to send to the court, a copy goes to arrow too?
And I need to write up a witness statement explaining what each bit of evidence Is?
[MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: CCJ Help

Yip As supplemental it should be in at least 7 days prior but earlier doesn't hurt xxx

[mr_c]

Re: CCJ Help

I have not heard anything from arrow yet in relation to consenting to the set aside or sending me the documentiom that they are basing the claim on.
Should I send a chaser or just go straight in with my evidence?

[Amethyst]

Re: CCJ Help

You've got itchy feet .... no don't chase there's plenty of time for them to come up with documents ( that, remember, you DON'T want them to find ! )

Do your WS to go with your extra bits of evidence you want to put in to help your set aside case and we can play with that.

Once it's sent .... sit on your hands ..... until the hearing anyway