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

[Diana M]

Re: CCJ Help

I have had no correspondence about any bailiff action at my current address. But when I phoned the court they said the case was out for bailiff action. So yes this must have been at my old address, the same address where all the letters about this CCJ have gone.

So if there is a Warrant it will have the incorrect address on it. And presumably any Notice of Enforcement would also have the wrong address on it.

Do you know which court issued the Warrant (if any) and when it was issued?

Did your letter to Arrow raise the issue of bailiffs and did it ask them to suspend action pending the outcome of the Application for a set aside (the hearing could be weeks away)?

Di

[Diana M]

Re: CCJ Help

Regarding the solicitors, it does not say this either, do I need to know that? if so, how do I go about finding it?

When you called the court did you ask them If Shoosmiths solicitors are still on record as acting for the Claimant (Arrow)?

If they are on record then you should have served the Application on them.

Can you find out if they (Shoosmiths) applied for the Warrant. If so then they maybe willing to suspend it.

If they came off record they should have notified you, but perhaps they did at your old address.

I would research the baillif issue a bit more because all you know at the moment is what the MCOL Help Desk told you so that needs checking.

Di

[mr_c]

Re: CCJ Help

Yes it will have the wrong address on it.
I am not sure which court issued the warrant or when it was issued. All they told me on the phone was that it has been sent to bailiff action.

I put this in my letter to arrow..

I telephoned the Northampton County Court Business Centre to find out more information about the Judgment and they have informed me that bailiffs have been instructed. I ask that the warrant be suspended whilst the Court considers my application.

- - - Updated - - -

Yes when i rang the court they mentioned shoosmiths on the phone to me.
So should i re-send copies of my letter to arrow, copy of n244 application form, witness statement and draft order to shoosmiths? [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

[mr_c]

Re: CCJ Help

I have copies ready to go to Shoosmiths if i need to? [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

[mr_c]

Re: CCJ Help

Sorry to message again, want to make sure everything that needs to be in place is in place to stop me stressing out so much.

Do I need to send copies of anything to shoosmiths?

[Amethyst]

Re: CCJ Help

You can do , but it won't be fatal if you don't - your CCJ was against you listed as Arrow, and you only know about shoosmiths following some detective work - if it is worrying you then you could send a copy to them with a breif cover note stating you have just found out from the court that they are the solicitors on record according to the court so as a matter of courtesy you are providing them with a copy of your letter/application made on xx/xx/2017.

[Diana M]

Re: CCJ Help

Do I need to send copies of anything to shoosmiths?

Yes.

You must serve the Application, WS, Draft Order(?) and whatever else Legal Beagles advised you to file at court on Shoosmiths solicitors since you knew they were acting before you sent everything to Arrow according to your post # 23

Who were the solicitors who issued the proceedings

I asked in case they are still on record as acting (at court) in which case you may need to approach them.

post # 23 >

The solicitors are shoosmiths

It's not a matter of courtesy it's a matter of following legal procedure.

Arrow does not have an in-house legal department.

Their collections and debt recovery is also outsourced to their "partners". They are very much hands-off.

Goodness knows how long it will take for them to read, digest and react to your letter seeking their consent to set aside the CCJ and call off the bailiffs. Your letter may be languishing in the post room without anyone taking ownership of the legal issue. Hopefully it will be forwarded to Shoosmiths at some point.

If Shoosmiths are still instructed/acting then they will have the mandate to deal with all this.

If (and I stress if) there's a Warrant of Control for bailiff action you need to address this.

Maybe one of LB's bailiff experts can comment on what you should do about this bailiff issue since the Warrant may have been issued at the wrong address?

This may all have a happy ending, but lawyers are programmed to expect the worst and then plan to prevent it from happening

Di

[mr_c]

Re: CCJ Help

Thanks for the replies guys.
I will get everything sent off to Shoosmiths today, Shall I send a copy via recorded delivery and an e-mail too, or will just the post be ok?

Regarding the bailiff issue, is there anyone in particular on here I can speak to for advice? @Diana M

[warwick65]

Re: CCJ Help

I see no harm in sending by email As Well as royal mail signed for.
I usually play them at their own game and add a line about
This email is not monitored for replies and all responses need to be by post.

[mr_c]

Re: CCJ Help

So e-mail has gone off to shoosmiths with a copy of my N244 application, witness statement and draft order.
I will get a copy of the above put in the post, recorded delivery, sent off today.

[mr_c]

Re: CCJ Help

So I haven't heard anything back from Arrow or from Shoosmiths yet.

Submitted my N244 form on 31st July, waiting on a hearing date now I assume.

[mr_c]

Re: CCJ Help

so it has been about 3 weeks since I submitted my n244 application form.

and about 2 weeks since I sent copies of my application forms and request for consent to set aside to Shoosmiths.

I got a letter from the court a few days after I submitted the form saying my case has been transferred to my local court.... but nothing about a hearing date yet and nothing from shoosmiths or from arrow.

It feels like I should I have heard something by now, or is this timescale normal?

[Amethyst]

Re: CCJ Help

About normal xxx Usually takes a week or two after transfer to local court for them to send out directions or set a hearing date.

[mr_c]

Re: CCJ Help

I am assuming the lack of response from arrow or shoosmiths means they are not consenting to the set aside application?

[Amethyst]

Re: CCJ Help

I wouldn't assume, at another hearing this week the claimant turned up to court and first statement to the judge was that they consent to the set aside .... unsurprisingly they ended up with a costs bill against them.