Ccj changed courts

[Diana M]

Re: Ccj changed courts

should I take any action in this?

My advice yesterday was to wait until the paperwork arrives before you can make an informed decision on your next step.

The solicitors have told you that enforcement action is on hold until they've sent you this. So no bailiffs and no AOE (so they say).

They've put enforcement action on hold while they send you some information.

You've sensibly asked them to put that in writing. If you hear further from the court bailiffs you'll have something to show them Ditto if you get anything from the court re an Application for an Attachment of Earnings.

They're not willing to consent to a set-aside so you currently have a CCJ which means a CCA Request and a CPR 31.14 Request for documents aren't relevant. The information they're sending you is being done on a voluntary basis.

See what they send back and then re-assess the situation.

The Default Judgment was not uploaded/posted on the forum so I can't comment on it, but there was a post stating the Claimant's name.

Di

[Midlandcb]

Re: Ccj changed courts

Ok will do thank you

[Midlandcb]

Re: Ccj changed courts

Yes sorry it was sent to admin I don't know how to post it on here.

[Amethyst]

Re: Ccj changed courts

No need to post it, it's a bonafide copy of a default judgment as I posted earlier.

Okay, so it was a forthwith order for payment by xx August 2016, judgment in default, claimant Arrow Global Guernsey. £460.

[Midlandcb]

Re: Ccj changed courts

Ok thank you.

[Diana M]

Re: Ccj changed courts

sorry it was sent to admin I don't know how to post it on here.

No need to apologise - I wasn't bothered about you not being able to upload it, I was simply saying I can't comment on a court Order if I haven't actually seen it.

Di

[Amethyst]

Re: Ccj changed courts

Redacted it. Comment away....

[Diana M]

Re: Ccj changed courts

Redacted it. Comment away....

I note the court has ordered the Defendant to pay £107 in costs which could be challenged if the claim was served on an incorrect address and a set aside were to be appropriate.

Perhaps that could be part of any negotiations.

Di

[pt2537]

Re: Ccj changed courts

Redacted it. Comment away....

One comment id make is im not sure how one could say that the Claimants solicitors have not taken instructions, there is always a possibility that a client would give instructions not to consent under any circumstances albeit a reckless move nonetheless.

On the application point, id be looking at making an application "IF" the Claim has not been served on the Defendant correctly, this would fall under CPR 13.2 , if there is a delay then the difficulty is that if the application falls under CPR 13.3 then CPR 13.3(2) requires the Court to take account of any delay in applying, and a delay could kill the application per Regency rolls v Carnell (Simon Browne LJ) so id look at applying now, and then you could amend and serve any defence with the app before the hearing, delaying is a killer

[Diana M]

Re: Ccj changed courts

im not sure how one could say that the Claimants solicitors have not taken instructions, there is always a possibility that a client would give instructions not to consent under any circumstances albeit a reckless move nonetheless.

I agree that clients' instructions can sometimes be 'blanket' , but instructions not to consent to a set aside suggests that their client might have known the address was incorrect otherwise those instructions would not be necessary prior to the call the OP made to the solicitors informing them of the fact.

I also agree with you about avoiding delay but the OP has already put the solicitors on notice of their intention to make an Application for a set aside and asked for information in order to consider their position. The solicitors agreed to send this.

Perhaps a seven day deadline should have been imposed at the time just to be safe.

Di

[Midlandcb]

Re: Ccj changed courts

Thank you for all your comments I didn't mean to cause any disagreements between members. I just wish I knew what it all ment?
Sorry but don't under stand the court terms vary well.

[pt2537]

Re: Ccj changed courts

I agree that clients' instructions can sometimes be 'blanket' , but instructions not to consent to a set aside suggests that their client might have known the address was incorrect otherwise those instructions would not be necessary prior to the call the OP made to the solicitors informing them of the fact.

I also agree with you about avoiding delay but the OP has already put the solicitors on notice of their intention to make an Application for a set aside and asked for information in order to consider their position. The solicitors agreed to send this.

Perhaps a seven day deadline should have been imposed at the time just to be safe.

Di

The app could be made now, for example Blackstones makes it clear that this is the case

Such a defendant will thereforeeither have to show a defence with a real prospect of success, or rely on non-service as ‘some
other good reason’ for setting aside the judgment. According to May LJ in Godwin v Swindon
Borough Council at [49] this may arise where a defendant would have paid instead of having an
embarrassing judgment entered, and it may give grounds for departing from the usual rule of
the defendant being ordered to pay the costs thrown away

[Midlandcb]

Re: Ccj changed courts

Good morning I've received a letter this morning from court I think doesn't say much can I share it please?

[Midlandcb]

Re: Ccj changed courts

Hi first time doing this so fingers crossed

[Midlandcb]

Re: Ccj changed courts

Hi sent thank you