CCJ Particulars of claim incoherent

[hscrive1]

My niece has received a CCJ from her ex partner, / business partner, who has created a CCJ as it appears when drunk, and the Particulars of claim are very badly spelt and unclear, anyone know what step we should take next - thanks all..

[Amethyst]

Can you post the particulars of claim ( anonymised ) ... you might need to apply to strike out the claim but depends what the claim is and how easily he could rectify. Has the claim been issued through moneyclaim online via the gov.uk website ? ( should be log in details on the form you've received- can you give me the web address it tells you to go to pls - there's currently two different online systems for issuing court claims with their own peculiarities)

[hscrive1]

Hi
Yes, the claim was issued through Moneyclaim online
Claim F6Xxxxxxx
Claimant:
MR 21
(followed by his address)
Particulars of claim (I have just replaced the name letters with stars)

L**** C******** took money from my personal account which was not authorised by myself once we had broken up. Thos has been admitted under police review.

Page 4 shows claimant as "MR 21 HEIGHTS"

is this a valid claim, as MR 21 HEIGHTS is not a person or company at all ?

Must my niece assume that MR 21 Heights is her ex partner?
She cannot afford to pay for this claim to be stricken off - they charge £250 apparently

Looking at the Defence Template, which numbers do you think she should quote, and would be acceptable ?
Thanks.

[hscrive1]

HI, Yes there are 2 claims that were sent on the same date. This is the 2nd one.Hi
Yes, the claim was issued through Moneyclaim online
Claim F6Xxxxxc
Claimant:
Xxxxx SPECIALISTS ltd
(followed by his address)

Particulars of claim (I have just replaced the name letters with stars)
the grammar and spelling are as per the original document.

"L**** was a director of this company but removed fot taking 10k from the accounts. WE had an agreement her bills and rent would be covered if she kept accounts upto date and correct. She did not leaving the company in dsrepute and struggling. I estimate 2k worth of work was done during that period leaving 8k fraudulently, she has addmitted under caution from the police taking the money. I worked onsite everyday and was due a wage for each day I done aswell as 14K I put in to start the company up which I do not now have.She is a shareholder but not entitle to this money as the company was not in profit."


my niece did attend a police interview to discuss the allegations along with paperwork that they had received from her ex partner.
The Police contacted her, later that day to advise her that no further action to be taken.

She has plenty of proof of what was going on at the time, and did not take any money. In fact both my brother and myself have been supporting her and her 2 children as she has no money, and only just getting a benefit sorted out.. )

My niece denies all allegations, and has supporting paper work, emails, text etc.

How should her defence be done?

Looking at the Defence Template, which numbers do you think she should quote, and would be acceptable ?

Thanks all...
Thanks.

[Amethyst]

Ok forget the defence template these need dealing with separately - do you think your niece may be entitled to fee remission ? See https://www.gov.uk/government/public...-tribunal-fees

She does need to log in on moneyclaim and acknowledge the claims - I think on the new moneyclaim system they call it "ask for more time to respond" .... once that's done she has 28 days to sort Defence or make application ...

[hscrive1]

OK, will sit with her tonight and do acknowledgment on line for both.
Ask for more time.
and Yes she is on benefits with two young children. so would get help with fees.

Reading the particulars of each claim, do you think they would be stricken off?
if stricken off? Could he raise the same claim again?
or is that claim gone forever, ( he is pending trial in court for ABH towards her) so very vindictive.

will she have to tick
I intend to contest jurisdiction?

There is no mention of his solicitor at the moment - do we have to apply directly to him for any documents.
BUT there are no documents listed in his particulars, so what do we ask for ?

Thanks again

[hscrive1]

he is also bound by his bail conditions, not to contact her at all?

[Amethyst]

What are his bail conditions ? does she have a non molestation order against him ?

Will help you with the next bit once youve acknowledged - that first claim should be struck out ok unless the court gives him opportunity to rectify ---- second one I'm not sure yet if to do a defence or strike app.

He doesn't have a solicitor helping him with the claim - it seems to have been made in retaliation ( drunkenly by the looks ) - how much is each claim actually for ? If that second one is for 14k odd that would have cost a few hundred to issue.

[Amethyst]

Ok ( sorry misread and thought you were asking ) she should inform the police that he has issued these court claims - as it's indirect contact it may not be a breach but it will help if it does turn into harassment and she comes to want an injunction.

[hscrive1]

We are doing acknowledgement now.. should we tick box
I intend to contest court jurisdiction?

[hscrive1]

Hi we have acknowledged both claims now... and ticked the box I intend to contest court jurisdiction thanks just need to know what letters or forms to ask for.. or send next for defence please

[CLL1]

You should tick "I intend to defend all of this claim".

[Amethyst]

Ahh no you don't want to contest jurisdiction but tbh the court is used to people ticking that box in error so don't worry. Will pop in in the morning - she's protected against any default judgment now xxx

[hscrive1]

Hi
now that we have acknowledged both claims
what are the next steps please
do we request anything from claimant
or
From defence template what do we choose
thanks

[ostell]

The next step is to prepare your defences to the claims and submit them to the court so that they arrives before day 33 from date of issue.

It's the legal arguments about why you are not liable to the claimant for the amount they are claiming.