CCJ at wrong address

[dab1]

I received "General Form of Judgement or Order" which says "And upon noting the Order of 26 April 2023 was made following a hearing and if subject to challenge then such challenge should be by appeal.

It is ordered that

1. Application dismissed
2. Note: Any party affected by this order may apply, not more than 7 days after it is served on them to have it set aside, varied or stayed."

Now, 7 days have passed, and I have heard nothing. How long do the claimaints have if they appeal?

[R0b]

Appeal is 21 days from the date of the original judgment so they are way out of time. You can check with the court to see if something has been filed by them but if not, that's the end of the road for them.

Have you got your costs from them yet as per the previous order?

[dab1]

I have not received my costs. I could ask the claimants to pay up.

[R0b]

Yes you should because the April order remains in force per the judgment so you should write to them asking to pay up, provide your bank details or failing that you would seek to enforce the order without further notice to them. 14 days should be a reasonable time.

[dab1]

They have now paid me the costs. I guess that now is the end of the matter.

Looking back, I find it strange that they being such an experienced team of solicitors they put in a defence just 2 days before the hearing and did not bother to turn up even if it meant so much for their business. What is bizzare, following this, they put in an application calling for an unfair judgement, while their witness statement contained nothing new!

As for me, I gained an insight into this mystical world of Law and how the words of the English language are so meticulously examined and interpretted. That to me is magical!

There is no way I could have done this without the help of Rob in this Forum. The British justice system does indeed work with justice!!!

[Manxman]

... As for me, I gained an insight into this mystical world of Law and how the words of the English language are so meticulously examined and interpretted. That to me is magical!....

And that knowledge and experience will always come in handy...

Congratulations and well done for persevering together with rob 's assistance

[R0b]

They have now paid me the costs. I guess that now is the end of the matter.

Looking back, I find it strange that they being such an experienced team of solicitors they put in a defence just 2 days before the hearing and did not bother to turn up even if it meant so much for their business. What is bizzare, following this, they put in an application calling for an unfair judgement, while their witness statement contained nothing new!

I am glad the right outcome was achieved. You will find that litigation is always last minute and despite everyone having plenty of time to prepare and do what they need to do, because it deadlines creep around before you know it.

Seems to me their legal department consists of property/landlord and tenant-type lawyers rather than someone who specialises in litigation, or if they do have someone with knowledge, they need to be sacked. I found it extremely bizarre that they were trying to say that a case decision for service rent demands and notices would override all of the case law determined over the last 10 years or so on the rules on serving the claim form at the correct address. Then to put an application in to set aside when the rules clearly state that the correct process is to appeal just adds to my theory, especially when their application reads like they are surprised by the decision and that it has ramifications on their business that they seemed to be totally oblivious from.

Hey ho, you won and they lost. Either they will take it on board and do the correct approach next time or they will take a chance until someone decides to challenge them and I have no doubt they will land with some hefty costs if a lawyer with proper litigation experience gets involved. Maybe they will then realise their stupidity.

Anyway, just so you don't fall foul of this again, make sure you give notice to them to update your address for serving notices and change it if you move. As you now know what can happen there;s only yourself to blame if you end up in this situation again!