CCJ Help

[SHicks123]

Firstly, thank you all in advance for any help you might be able to offer.

A few months ago an ex partner of mine set up a small claim for an amount of money she claims I owe her. She has no evidence of this, she is merely claiming we had a conversation when we broke up in which I said I would pay her £3k, no timescale specified. She initiated a claim a while ago and sent a claim form to me. I responded to the courts confirming I did not owe this money.

There was a court hearing arranged, however she asked for it to be moved and I received an email from the courts to say it would be relisted.

I received a call on Monday to say my defence was struck out as I did not submit my evidence in time for the hearing. It turns out the hearing is a week on Friday and the deadline was last Friday, I genuinely never received the letter from the courts confirming this. I was on holiday when the letter would have arrived, however that would have been 2 months ago now.

I have a letter from the court advising the order has been issued without evidence being considered, and that I have 7 days to apply for this to be set aside. I have pretty solid evidence I don't owe money, including a text message exchange dated after the alleged conversation, in which she says everything is settled and we will not need to speak again. In addition to this part of the claim is for money she says I owe her father, it makes up part of the overall amount yet I am sure she cannot claim on his behalf?

I intend to get this all sorted today, fortunately I work close to the court so I can visit them and complete forms etc. Does anyone have any advice to ensure I don't miss anything important and that I get my hearing? I can only fill in so much information on the forms and obviously they aren't large enough for all of my evidence and statements.

Really worried about this, thanks so much.

[nemesis45]

Re: CCJ Help

Firstly, thank you all in advance for any help you might be able to offer.

A few months ago an ex partner of mine set up a small claim for an amount of money she claims I owe her. She has no evidence of this, she is merely claiming we had a conversation when we broke up in which I said I would pay her £3k, no timescale specified. She initiated a claim a while ago and sent a claim form to me. I responded to the courts confirming I did not owe this money.

There was a court hearing arranged, however she asked for it to be moved and I received an email from the courts to say it would be relisted.

I received a call on Monday to say my defence was struck out as I did not submit my evidence in time for the hearing. It turns out the hearing is a week on Friday and the deadline was last Friday, I genuinely never received the letter from the courts confirming this. I was on holiday when the letter would have arrived, however that would have been 2 months ago now.

I have a letter from the court advising the order has been issued without evidence being considered, and that I have 7 days to apply for this to be set aside. I have pretty solid evidence I don't owe money, including a text message exchange dated after the alleged conversation, in which she says everything is settled and we will not need to speak again. In addition to this part of the claim is for money she says I owe her father, it makes up part of the overall amount yet I am sure she cannot claim on his behalf?

I intend to get this all sorted today, fortunately I work close to the court so I can visit them and complete forms etc. Does anyone have any advice to ensure I don't miss anything important and that I get my hearing? I can only fill in so much information on the forms and obviously they aren't large enough for all of my evidence and statements.

Really worried about this, thanks so much.

Get into the court office you need Form N244 to make the application
for set aside.
IF you had np notice of the new date it is a ground for set aside you must also show
that you have a defence to the original claim that has a reasonable chance of success.

nem

[SHicks123]

Re: CCJ Help

Thanks nem, really appreciate it. How much evidence should I include, everything I have? As I can't prove I didn't get the form with court date should this be a worry? Thanks again

[nemesis45]

Re: CCJ Help

Thanks nem, really appreciate it. How much evidence should I include, everything I have? As I can't prove I didn't get the form with court date should this be a worry? Thanks again

Yes absolutely every thing listed and indexed would be best i.e. in the form of a Witness Statement, there's many on the
threads here to give you an idea of format and wording.

nem

[SHicks123]

Re: CCJ Help

Excellent, thank you very. I am unable to prove I didn't get the letter which worries me, however I am really hopeful the evidence will be sufficient to convince the judge.

Last question, is the fact she is partially claiming for money she claims is owed to someone else a factor here? I would have thought this would be enough to cast doubt on everything

[nemesis45]

Re: CCJ Help

Excellent, thank you very. I am unable to prove I didn't get the letter which worries me, however I am really hopeful the evidence will be sufficient to convince the judge.

Last question, is the fact she is partially claiming for money she claims is owed to someone else a factor here? I would have thought this would be enough to cast doubt on everything

I can't see how she can claim for money owed to a 3rd party, how does this come about.

nem

[SHicks123]

Re: CCJ Help

She has merely added a section on the letters to say I owe her father money, and has included the amount in the balance. As my defence was struck out the judge has not considered evidence from either side and as such may not be aware of the breakdown. I intend to highlight this as surely it invalidates the claim?