Challenged the jurisdiction of the court.

[1099OID]

I made the mistake of challenging the jurisdiction of the CCBC. and some will say deservedly, I got nailed for it. and the debt company got a default judgement against me . I spoke to the CCBC and they suggested for me to fill out an N244 and apply to have the judgement set aside I am struggling to find a point of law to use in my defence. On this forum i have found 13.3. i was thinking of using a temporary insanity plea.

I challenged the jurisdiction of the court as far as the claimant has not complied with the pre-action protocol. by supplying me a copy of any contract that they claim i have breached. also this is a 2005 credit card action so section 127-3 consumer credit act 1974 is still in force. why i did not just tick the defend box i do not Know.

any help with this would be gratefully received.

[1099OID]

Re: Challenged the jurisdiction of the court.

By the number of people who have viewed and no reply's. it is a subject that will bring a rye smile to some and a hand gesture from others. but i understand that by pushing the envelope you some time get good and bad results this time its bad result but you learn from every experience good or bad. I know i grasping a straws here but i was thinking of Article 6 of the human rights? ( any takers?) I am just trying to get a hearing so i can put my defence in. but to get a hearing i need some advise for my witness statement. ( apart form temporary insanity)

[Kati]

Re: Challenged the jurisdiction of the court.

By the number of people who have viewed and no reply's. it is a subject that will bring a rye smile to some and a hand gesture from others. but i understand that by pushing the envelope you some time get good and bad results this time its bad result but you learn from every experience good or bad. I know i grasping a straws here but i was thinking of Article 6 of the human rights? ( any takers?) I am just trying to get a hearing so i can put my defence in. but to get a hearing i need some advise for my witness statement. ( apart form temporary insanity)

I'm sure you'll get some replies soon xx

[EXC]

Re: Challenged the jurisdiction of the court.

At what point did you challenge the jurisdiction of the court, by ticking the applicable box on the acknowledgement of service form?

You should only tick the box if, for example, you live in Scotland. Not returning requested documents isn't a jurisdictional issue.

I'll tag [MENTION=87380]Diana M[/MENTION] but in the meantime:

Did you receive anything else from the court after you returned the acknowledgement of service form?

Did you actually enter a defence?

At what point did you request the documents from the claimant?

[1099OID]

Re: Challenged the jurisdiction of the court.

I ticked the box and sent in the acknowledgement of services before the 14 days then before the 28th day i sent in a reason for the Jurisdiction challenge showing letters that i had wrote to the claimant asking for a copy of the contract A week or so later a got an ambiguous letter form the court with all my previous paper work included but the paper work was stamped. The letter said thank you for your inquiry. but if you wish to contest the the jurisdiction of the court you need to file and N244 but please note that contesting jurisdiction does not refer to the claim being issued by the CCBC. The CCBC issues claims to defendants across England and wales but no hearings are held here if the claims need to to be listed for a hearing it will be moved to another court.
This where i scored a own goal instead of sending in an N244 i sent a letter asking for clarification about the contents of the courts letter and asking the court to get the claimant to send me the documents i had requested. I then when a way for a couple of weeks holiday to return an default judgement for not filling a defence.
I can hear what you r thinking after reading what i have put, i have said it to myself so many times. why did i not just defend the case
I have been asking for the documents since the beginning of 2015
I need some reason argument to put in my witness statement/ statement of truth for the court to set a side the judgement to get a hearing for me to submit a defence

[1099OID]

Re: Challenged the jurisdiction of the court.

I take it since i have had no replies back from anyone i am screwed then. well Onward and upwards. i have to take a positive out of this i cocked up but i have learned. At first it was a shock to the system and you get some real dark thoughts and worry and panic set in for a hour or two when you read the court order. But when you look at what you have in life and you think of the poor people in Grenfell towers or war torn Syria, trying just to stay alive. then my problems become minuscule. and the worry fades away. I am now just so annoyed with myself because i had a good chance to defend. never mind guys see you around.

[EXC]

Re: Challenged the jurisdiction of the court.

Hold on let me give someone else a shout for you [MENTION=6]Amethyst[/MENTION]