CCJ Against a Builder

[MrsF65]

Re: CCJ Against a Builder

It sounds like he made some half hearted/arsed attempts to stop you getting the judgment and decided just to give it up and pay when the HCEO turned up. I don't think you have anything to worry about, and if he did decide to try again applying for a set aside he would have a huge uphill battle, it really has gone too far and he has no grounds to set aside - It wasn't a default judgment - he defended the case and brought a counterclaim, then didn't turn up, ignored court orders, and made a incorrect and quite poor effort to have that judgment overturned. Really he would need to appeal and he's out of time for that too. Once the HCEO releases your funds that is very likely to be the last you hear of it.

Hi,

Sorry to be back. The HCEO released my funds and after that I received a notice of acting from a solicitor who had sent an Application to Set Aside request to a county court in Somerset his client never told him it was our local court. This was dated 1st December when the original CCJ Order was 28th September. Anyway we now have an application hearing this month for him to apply for a set aside hearing. He is claiming he applied to have the original order set aside but he sent this via an email and no fee etc and says "he didn't know". His solicitor is also claiming that his client has PTSD from two years before he started working at my house and forgets date hence when he didn't turn up and he though he had applied to have the order varied.- I know this man personally and not once has he mentioned anything about this and he has never "forgotten" any date in these proceedings. The order he tried to get varied was one where the court had made an error saying I did not submit something but they since checked and confirmed I did so he had no grounds to vary the order. I'm really at my wits end now and don't know what I should do when I attend the hearing. I have advised the court the HCEO has paid the monies over to me back in December before I heard anything from the court about his application. He is saying I should have taken action against a company and not him but all the way through he refused to provide me with receipts from anybody for monies I paid to him.

Any help would be greatly appreciated.

[Amethyst]

Hi, Don't apologise for coming back - I'm sorry to hear this is still dragging on for you.

Did his solicitor ( or the court) send you a copy of his set aside application ? If so can you post it up ( redacted ) pls.

You can submit a witness statement in advance of the hearing with your response to the application.

Did you engage a company to do the work on your house or him as an indvidual/sole trader ? ( have you checked out this company on companies house ? )

I issued proceedings against him personally and not a company as I paid him personally and not to a company (part cash)

Who did you pay the non cash payment to ? ( credit card ? cheque ? bacs ? )

[MrsF65]

Hi yes i got a copy i will post later. I engaged him persoanlly and paid him by bacs he gave me a debit card with the account details on which just said his name.

he has defended this and brought a counterclaim in his own name throughout all of a sudden when he doesnt turn up and im awarded judgement decides its wrong. I believe his solicitor has to send me more documents which they didnt have when issung the application (they didnt even have copies of any documents) 14 days before and i need to respond within 7 days

[Amethyst]

Has the court sent you directions along with the hearing date then?

[MrsF65]

Hi

Yes I have had a copy of the Application and directiors which say the Applicants withness statement has to be with me by 4pm Monday and any evidence i wish to rely on a week later. I have received nothing from the solicitor to date.

i was going through the papers last night ive done my witness statement. The application is full of lies basically saying orders were granted by the court when they were not and the solicitor confirming he was making the application without sight of any documents all he had was a copy of the HCEO receipt. Which on reading was signed by the defendant then looking at all the documents signed by the defendant in the case (statements of truth etc) the signature on the all documents isnt the defedants. Ive a feeling someone has done it all for him and just signed pretending to be him. The man is a liar basically.

What happens if I dont get his statement by 4pm monday as directed can i get his application struck out. This will be about the fifth time he hasnt complied with directions. Probably because he cant produce the documents the solicitor has said he will send in the witness statement as he didnt have any documents when making the application which i find rather strange to make an application omly on clients say so. The solicitor didnt even know which court was dealing with it apparently.

[MrsF65]

Hi well the directions for his application hearing were issued in December and i emailed the solicitor saying application and directions received heard nothing. His witness statement and supporting evidende was due last Monday. Got and email 9am monday with notice if withdrawal from solicitor asked if the application was withdrawn he said not just him acting and i said his witness statement was due 4pm monday. Now the applicant and solicitor are denying receiving directions again and have ask for more time to provide evidence. At 15.58 monday i got a half arsed witness statement which was just his application copied and pasted and sent to the court asking for more time to provide evidence. I emailed the coirt abd objected heard nothing from him or the court but on doing my witness statement i had a copy of the HCEO’s document when he collected signed by the idiot man. Went through the counter claim and all witness statements he has sent to the court and guess what its not his signature. Clearly fraud where do i stand on getting the application dismissed at the hearing on this point if he bothers to turn up

[Amethyst]

Has his solicitor actually withdrawn from acting in the case ? ( Has he sent a formal change of solicitor form or just emailed you something? ) Have you checked this solicitor out? (~ http://solicitors.lawsociety.org.uk/) Which do you think isn't his signature? The Witness Statement or the HCEO document ? Does the Witness Statement look like it has been written by the Solicitor ( in which case I think you're saying the Solicitor has forged his clients signature? as opposed to signing on his behalf ?)

[MrsF65]

I received from the solicitor via email a letter stating they were no longer instructed and a notice of withdrawal they sent to me abd a copy to the court.

the HCEO document is definately his signature. Ive gone back through all documents hes sent with a statement of truth and it is signed in his name and not anyone ine behalf of him. I know its the family member who has done all the paperwork just signed his name but no as in for and on behalf of and their name. It clearly states i believe the facts stated are true and a signature in his name. This is nothing like his signature. So she has done it and just sigbed it but in his name and not hers

[Amethyst]

Ahhh phew - would be worrying if a Solicitor was doing that. May be why the Solicitor is no longer representing.

Frustrating as as it is, you just need to go through the court process.

What was was the next stage of the order once the witness statement was filed and served ?

[MrsF65]

He had to serve his witness statement and evidence by last Monday I have to have mine with him and the court by Monday 19th and the hearing is on 26th. As of now he hasnt served any evidence all the family member done was copy and past the application statement into a witness statement signed it in his name forwarded it to him and he sent it to the court without any supporting evidence. Just windered what my changes are with the forged signature on all documents submitted in the last 18 months. Its getting tidiculous with him not turning up denying receipt of anyrhing and asking for more time

[MrsF65]

Sorry for the mistakes im doing this on my phone. Surely he cannot rely on any evidence now as he has missed the filing date not that he has any but he will make somethubg up. Its so frustrating he cant even comply with orders from his own application

[Amethyst]

To be able to help at all with responding to the witness statement you're going to need to post a copy of it on here, and some background to the case ( if it's not obvious from his statement - your witness statement can respond to his, and no, he shouldn't be able to introduce any evidence now that isn't in his application or witness statement. You're going to need to get yours in the post tomorrow morning to arrive on Monday.

This is for his set aside application so your witness statement should primarily concentrate on that, he's claiming not to have received directions and documents etc however you have evidence that he did - emails / calls / replies - so put those in your statement chronologically.

On xx/xx/2017 the Claim XXXXX in this case was issued via MoneyClaim Online to the Defendant at address address
On xx/xx/2017 I received an email from the Defendant which stated x, y, z
On xx/xx/2017 I requested a Judgment in Default because the Defendant had failed to file any acknowledgment of service pursuant to CPR 12.3(1).
On xx/xx/2017 I sent a letter/email etc to the Defendant at xxxxxxx notifying him of the Judgment and requesting payment .........

That kind of thing through the whole claim so the Judge can see easily exactly what has happened, what communication there has been etc.

[MrsF65]

Hi and thanks. I have done my witness statement and only concentrated on his set aside application. I think i've gone into enough detail appending copies of all emails between us and copies notifying him of the judgement etc without going on a tangent about the actual claim. I don't think I need to add anymore it is very thorough and only responds to the application. It wasn't judgement in default as he knew about the hearing and didn't turn up. I will email him my statement by 4pm Monday and I have delivered a copy to the court by hand. I have also listed the whole scenario through the claim. So I don't think there is anymore I can add. My main concern was the forged signature on the documentation from day 1 and it is still happening today do you think this will have a adverse effect on his application. I think now all I can do is send him my witness statement Monday and sit tight until the hearing.

[Amethyst]

Ahh yes, keep forgetting that, I'm suprised the court is continuing to entertain him tbh. Get a hardcopy of the witness statement posted to him as well - as if he hasn't formally agreed to service by email he could try using that as a technicality.

[MrsF65]

Hi he has formally agreed to service by email so that wont be a problem i may just drop a copy in his door Sunday to make his weekend. Im hoping when he sees the paragraph about the forged signatures he will go away as the person who forged the signatures is a banker and i imagine wont want any further action taken on this point.

I still havent received any evidence as of today. I wrote to the court and the judge said the inadequacy of evidence will be dealt with at the hearing so roll on 26th March I will sit tight until then i think.