CCJ Against a Builder

[Amethyst]

I'd possibly not say 'forged' as that's a criminal accusation so I'd maybe word it that you have concerns over the authenticity of the defendants signature in some of the documents ? ( same thing I know but less accusatory )

And yes I would serve a hard copy of the witness statement, registered post would be best, just as a back up if he argues that he hasn't received it.

[MrsF65]

Ive already said “it can clearly be seen from the counter-claim and all witness statements supplied this is not the Applicant’s signature so has it been frauduently signed”. To late to change it now the court have it. Fingers crossed i guess.

[Diana M]

Ive already said “it can clearly be seen from the counter-claim and all witness statements supplied this is not the Applicant’s signature so has it been frauduently signed”.

Have you considered getting a handwriting expert to give written evidence on the signature issue?

What is he planning to counterclaim for and how much?

I can’t see anything on this thread to say what the claim is about or how much it is for so I can’t really make any meaningful comment on how you should manage the legal situation.

Di

[MrsF65]

Ok sent my email and at the same time sent a copy to the court. At 7.15 tonite got some garbled email as follows

just to inform you & the court that this is now my new email address
either I or one of my clients have had our email account hacked in to cannot go in to any more details
aol have been notified
I will not be sending any more emails from *****
so if you receive any please do not open in case you get hacked in to

Find this unbelievable every time a deadline a new excuse surely if your email is hacked you just change the password.

Do you think the court are ever going to see through the lies

[Amethyst]

You sent the hard copy too didn't you?

[MrsF65]

Yes. Hes saying now clearly after having read my statement his email has been hacked and cant say anymore and has lost all documentation. I wonder will the court ever see through this.

[Amethyst]

You will just need to show that hard copies were served on him. The court will have sent hard copies of orders and directions etc to him too so his email hack excuse shouldn't wash with the court.

[MrsF65]

Yes. Hes saying now clearly after having read my statement his email has been hacked and cant say anymore and has lost all documentation. I wonder will the court ever see through this.

I think what he is going to do is say he lost all his evidence having had his email hacked. Anyway I haven't heard a peep since Monday night and the hearing is 26th March. That is if he even turns up. Ive had an email from the court saying they acknowledge receipt of my witness statement (this was also sent to him by email at the same time, the same email the court use to email him) and have processed it in the usual way. This is now the sixth time he hasn't complied with orders. He instructed his solicitor at the end of November and as at the date his witness statement needed filing he hadn't supplied the solicitor with any evidence. I am hoping the court wont entertain him now and just deny the application.

[MrsF65]

Hi Amythest

just back from court and he hadnt provided any evidenxe so the Judge dismissed his application. He wasnt happy and started shouting at the Judge he wants to appeal and who does he appeal to. The judge really wasnt very impressed.

[ostell]

Did you get your costs?

[MrsF65]

To be honest i didnt ask as i didnt have any and I just wanted to see the back of him and it was such a commotion with him shouting at the judge I just wanted to get out if court

[Amethyst]

Oh goodness, sounds horrendous. Sounds like he's been watching too much Judge Judy lol.

Let's hope he just lets it go now. Well done for attending and keeping your cool.

[MrsF65]

Hi sorry I am back again. The appeal hearing was back in March this year and he turned up with no evidence hadn't submitted a witness statement and when he arrived at court he asked the usher for a pen and paper and wrote a note to the Judge which was not disclosed to me. The judge asked him where his witness statement was and he said his solicitor had it. I had received a notice of no longer acting and showed this to the judge.

He had no evidence he just kept saying I should have sued the company and not him. At an earlier hearing last year and which is evidenced from the transcript of the hearing the judge said she was proceeding on the basis as pleaded as neither party had said they wish to change either the defendant or claimant and if they did this should be done without further delay. In my witness statement I pointed out to the judge at the appeal that due to an admin error by the court where they said they did not receive my papers (which they later confirmed they did) they sent out an order saying he could apply for judgement. Which he did in his name...... the Judge then said is this correct and he said yes, The appeal was then dismissed and he started shouting and banging around the court room at the judge.

I then received a notice of further appeal in the Central London County Court in July ordering him to obtain a transcription of the appeal hearing and send it to me. I called the court last week and to date he has not applied for a transcript of the appeal hearing and I have emailed him twice requesting this and he has ignored my emails. I have to prepare a skeleton argument and don't know where to start any advice would be appreciated. I have a feeling he just isn't going to bother turning up again.

[R0b]

Hello

I'm afraid my eyes are straining to follow that big long paragraph you've written, but it might be helpful to split it out into multiple paragraphs for everyone's benefit of reading.

Just a recap for those reading up or new to your thread, you issued a claim personally against a builder (breach of contract?) as it was not clear he was trading under a company. Builder counterclaimed for an amount but lost his case. Bailiffs sent round to collect the debt and he paid in full then sought to set aside the CCJ.

So now the builder appealed in March this year and that was dismissed, but now you've received a further appeal in July - is that a second appeal? This is where I am a bit lost because any second appeal ought to have gone to the Court of Appeal so not entirely sure why there is a further appeal at the Central London County Court.

What date is the further appeal hearing? It would be helpful if you can post up the Order from the first appeal onwards so we can get a timeline of events, because what you are reporting is not how I understand the court process to be.

If he doesn't turn up then you might want to prepare a costs schedule and claim unreasonable conduct on the basis of multiple failures to comply with orders of the court but also (if he doesn't turn up) failed to give notice of non-attendance at the appeal hearing.

Tagging Amethyst so she is in the loop.

[MrsF65]

Thank you and sorry for the long paragraph.

The first appeal was 26th March 2018 which was dismissed. He has now made a second appeal against the dismissal to the Central London County Court (which is at the Court of Appeal) and this is listed for 3rd January 2019.

An Order was issued on 19th July 2018 for him to provide a transcript of the appeal hearing of 26th March 2018 and send this to me. He has not done this. I have now requested this on a monthly basis but have not received any response.

Today I called the Court and they have suggested that I write in to ask for the Appeal for 3rd January 2018 to be struck out - BUT - they are taking 31 days to deal with any correspondence.

I will prepare a skeleton argument but just not sure what I need to put in it. Should it just deal with the case since appeal or back to the beginning of the original claim?

Any advice would be much appreciated.