CCJ set aside - Advice for court hearing.

[jaguarsuk]

I haven't received anything from either the courts or the claimant. I called the courts last week to ask why I haven't received the instructions /directions the judge gave at the hearing and they said they had a backlog and its not been typed up yet.

Lloyds were supposed to "serve and file evidence of defendants last know address " and "how it is claimed that the payments were overpayments of Salary" by 30th April. What should I do now since the deadline is today ( assuming this does not turn up by courier in the next 4.5hrs)?

Okay, so perhaps they sent them to the old address because it states "last known address." Whilst Lloyds know your address because you bank with them, they may very well have still sent them to where they sent the claim form.

Without an actual written order of the court they may have done nothing. You'll need to ring the court and see if they have filed anything with them?

Apologies about the late reply, I have been ill since Sunday and not in a fit state do anything, let alone respond.

[Diana M]

to ask why I haven't received the instructions /directions the judge gave at the hearing and they said they had a backlog and its not been typed up yet.

Lloyds were supposed to "serve and file evidence of defendants last know address " and "how it is claimed that the payments were overpayments of Salary" by 30th April. What should I do now since the deadline is today

That court Order was made on the date it was made (at the Hearing) regardless of whether the court has drawn it up yet (typed it up and sent it to the parties). This happens a lot these days.

So in theory Lloyds are in breach of that Order if they didn't serve the evidence they were supposed to serve on you (and file it at court) by the deadline.

Even if they have filed it at court from what you say they've not served it on you so they are in breach of that Order. They have to comply with all of it not just part of it.

I assume Lloyds had a legal representative at the Hearing so they would have made a formal Note of what was ordered.

Do you remember if there was any sanction in the Order if they didn't comply? Although I would expect Lloyds to apply for relief from sanctions if they didn't receive the Order until after the deadline.

Maybe the DJ did you a favour when he adjourned the Hearing and made that Order.

I've seen the POC and from what you say they've got their facts wrong with the date/month (February not April?) and the reason for the alleged overpayment (salary not shares?). They can only claim what is stated in the POC so they may have a problem (unless they amend the POC with the court's permission).

That Order puts them on the spot because if they can't evidence that their POC are correct then it may leave the door open for the DJ to dismiss the claim at the next Hearing if he decides to set aside the CCJ. Killing two birds with one stone.

The Order also asks them to evidence the "last known address" issue. Good, because from what you say the bank knew you had moved (unless I've misunderstood post # 9) so again they will have a problem.

How long was the Hearing listed for, because that could have been another reason why the DJ adjourned it if he didn't want to adjourn it part-heard if you ran out of time? He's adjourned it and given Lloyds homework to do.

I've not seen the Order or your set aside Application with WS and Exhibits or your Draft Defence or the Claimant's WS to contest your Application so I can only comment and speculate on the procedural things which you've posted on this thread.

Di

[whist]

Thank you very much jaguarsuk and Diana M . jaguarsuk , hope you're feeling much better. Get well soon.

After a third email to the courts marked urgent urgent, I got a response this morning as follows

"Thank you for your email. I can confirm that the Order has been drawn and sent to you and the hearing has been listed for 7 June 2018 at 10:00 AM. You will be receiving the Order by post shortly."

So the good news is that the hearing is roughly a month away, the last time it took almost 4 months to get a hearing. I will post the order once I receive it. I asked the courts if anything had been filed and as at last Friday, there wasn't.

My address is now on record with the court and the claimant are now aware of my new address as this was mentioned during the hearing that I had updated my address with the courts. They also have my draft witness statement with my address so they cant claim they don't know my new address.

What can I do about the breach of the order?

I don't recall any sanctions. Lloyds had a legal rep but she appeared to be someone who stood in for several claimants as she was representing the case before mine and after mine.

I'm glad to hear they can only claim what is on the POC because this definitely is incorrect. How tolerant are courts about allowing claimants to amend the POC?
My witness statement wasn't great tbh as I tried to get something in quickly but i did explain that they used the wrong address and denied the money owed.

I have a couple of emails where i mentioned change of address to the solicitors as well - one them is below - Claim was made in September 2017 months after this exchange.

From: ME
Sent: 07 October 2016 14:04
To: Collections Services
Just to let you know that Equiti had my old address and have just responded that they are unable to accept change of address over phone or email. So I am in the process of sending them a written notification of chance of address so they can process my request for information.

From: Collections Services <collections.services@drydensfairfax.com>
Sent: 11 October 2016 12:30 To:
Dear Madam
In reference to the above matter and the correspondence below, we note the details and can confirm we have updated our records.We look forward to your update in due course.

AND this is in addition to the letter from Lloyds branch confirming my COA was in August 2015.

Should I send the email correspondence and the letter from branch to strengthen my case for set aside?

I'm keen to get this closed down asap so would be happy to provide additional evidence including the one attached below where they acknowledge they did a clawback in Feb 2014 as well as the claim they overpaid in April without giving much info.

Really appreciate the help.

Thanks

[whist]

Diana M , jaguarsuk I have now received the court order - see below.

As per my email post above, they have clearly breached the order - what should i do before the court case?

Also, should I send evidence I mentioned above?

Many thanks in advance.

[Amethyst]

If you only received it yesterday it is likely the Claimant only received it yesterday too, so are likely to apply to vary the order ( does it have a bit at the bottom about doing that within 7 days ? ) You haven't been ordered to do anything however with your additional info you have found you could submit a supplemental witness statement exhibiting the further evidence.

Did you file a draft defence with your set aside app btw ?

What was the clawback for ? training costs?

[Diana M]

Without seeing your original Witness Statement or the Claimant's WS (or your Draft Defence) it's hard to suggest whether you need to file a further one and what it should contain.

However be careful what you include in a WS. Don't do their job for them. That email from Drydens-Fairfax in March 2017 may not do you any favours.

Di

[whist]

Thanks for the response,
I only filed the attached with my N244 for to set aside the judgment. In part 10, I selected "evidence set out below". Lloyds did not a provide witness statement just what I attached in #9 ie what they included in the original claim form.
Amethyst - there was nothing after 3. costs on the order.
The clawback was for "overpayment of salary" So essentially they overpaid me in Jan and clawed back in Feb and they are claiming they overpaid me again in April but have not provided any evidence to back it up.
Diana M - I would prefer not to do their job for them. however, there are things I could have added to the original N244 form. Is there a reason why you think that the email correspondence may not be helpful.

[whist]

Bump . Hope everyone had a good bank holiday weekend.

[whist]

Bump!

[Amethyst]

Hiya xxx having a read back now sorry bh weekend backlog

[Amethyst]

You didn't actually include anything in your application about your change of address and having notified the claimant prior to their bringing the claim. But it was brought up at the hearing

The judge who hadn't read any of the notes beforehand said he wanted to give the claimant a chance to respond to my claim that a) they were notified of my change of address and b) the amount in dispute was salary overpayment.

and this is why it's included in the order.

So I'd give the court a call and ask whether the claimant has complied with the order ( they were at the hearing too so knew what it was ) - or if they have requested further time to comply.

You can take your time with any further supplementary witness statement and exhibits and file and serve up to 7 days before the hearing - so if they do provide anything as ordered you would have opportunity to counter it.

Once you've checked situation with court you might want to write to claimant with copy of the order to ask them to comply.

It's a pity the court didn't put sanctions on there for non compliance.

[whist]

Amethyst Thanks a lot. I didn’t really spend enough time on the evidence , my main priority at the time was stopping bailif action and in my head anyway the main point of post sent to wrong address was made. For the hearing itself , I prepared a defence statement more for myself to help prepare my argument and decided to provide a copy to the courts before the hearing . That essentially covers what I stated in my first post.

i haven’t been able to get through the courts yet to check if anything has been filed.

so about 7 days before I shouldl file additional witness statement( officially) along with the proof of COA and any other evidence I have?
Diana M keen to understand why the email exchange attached earlier may not be helpful.

Thanks very much for your help.

[Amethyst]

Diana isn't about at the moment.

These emails

From: ME
Sent: 07 October 2016 14:04
To: Collections Services
Just to let you know that Equiti had my old address and have just responded that they are unable to accept change of address over phone or email. So I am in the process of sending them a written notification of chance of address so they can process my request for information.

From: Collections Services <collections.services@drydensfairfax.com>
Sent: 11 October 2016 12:30 To:
Dear Madam
In reference to the above matter and the correspondence below, we note the details and can confirm we have updated our records.We look forward to your update in due course.

are useful as they evidence you gave the claimant's solicitors your new address. Did you also send the written notification to Equiti ? ( who are Equiti btw? Did Lloyds have the new address - that's the important part - if Drydens were acting for Lloyds thats fine ) Also those emails you would need the full emai, as if you did literally just sent those notes without any reference/name etc it doesn't look good, so use the FULL email ( be best to post it here first )

This one http://legalbeagles.info/forums/file...tch?id=1402910 may not be useful as it isn't anything to do with your address and is a discussion about their claim so could be damaging depending what their case is.

Was there any correspondance at all about cashing in your shares & whatnot btw prior to the April payment ?

Lets wait and see if they have complied with the order first !!!!

[whist]

Thanks.

Just to clarify I didn’t explicitly give the claimants solicitor my new address I only mentioned in passing about my new address. in another email, I mentioned that I would prefer correspondence to be by email because I have moved. This was on the basis that I had already provided Lloyd’s my ne address so they would/should have passed this to their solicitors.

further Dryden wrote to me at my new address asking if I had moved (in July 2017) . Sadly I don’t have this letter anymore, I was thinking about asking them to send me a copy.unsure if they would agree.

Equiniti administer the shares on behalf of Lloyd’s bank and the dispute is really about whether or not Lloyd’s paid me for shares that I already kept rather than overpayment of salary. My argument being that they didn’t . This link http://legalbeagles.info/forums/file...tch?id=1402910 was to show that this is not about salary but about shares .

I don’t have any correspondence about cashing in shares prior to April. There probably was a form or two I had to fill to indicate my options but there were a number of share schemes .

Regarding your comment about sending the full email. The only difference here is that I have removed my information and copied and pasted the text into word.

For the courts, I would print out the email with my details. Is that what you mean?

[Amethyst]

Ok - it's unlikely those emails would assist then. Did you tell Lloyds your new address in writing ? That might be useful.

Are you still trying to get hold of the court to see if the order has been complied with ?