Wrongful CCJ issued against me which has now been set aside

[AndyOrch]

Sorry what I meant by that was a copy of all pictures that I wish to rely on. I did not keep a copy of the witness statement.

 

Copy of the defence...you have yet to submit your witness statement...that comes after allocation.

[axil23]

once I get that.

My question is do I need to send copies of the photos to the claimant too?

[AndyOrch]

Has the claim been transferred to your local county court yet ?

 

Have you completed a Directions Questionnaire ?

 

Well if you could answer the above I will explain the process from here on.

[axil23]

Has the claim been transferred to your local county court yet ?

 

Have you completed a Directions Questionnaire ?

 

Yes to both. Thank you for your help Andy.

[AndyOrch]

So have you received your Notice of Allocation ?

 

This contains the courts directions and trial date...your directions will be to exchange witness statements and exchange standard disclosure....by dates stated on the order.

 

Standard disclosure is all evidence (documents/photographs) referred to and relied upon in your defence and witness statement... if you have not mentioned it in either..you cant use it or disclose it.

 

You serve copies of all the above on the court and the claimant by the dates stated in the Notice of Allocation.

 

Regards

 

Andy

[axil23]

Yes that is the last notice that I received. That is also the one that I replied back to the court with a copy of the photographs to which I have referred to in the witness statement.

 

I just checked the paperwork and it does not state that I need to serve the papers to the claimant. This is what I am asking. Do I need to?

[AndyOrch]

Well the 1000s of Notice of Allocations I have worked on always states to file with the court and serve on the the other party...if yours does not then you dont need to...but the process would collapse if you keep the claimant in the dark until the hearing date.....that's the whole process of litigation...file and serve.

[axil23]

You are right.

It does say that.

I am not sure how I missed it.

Is there anyway to limit the damage now?

[AndyOrch]

Send a copy of your witness statement and exhibits (documents /photographs) to the claimant ASAP...have you received theirs?

[axil23]

Interestingly enough it says the following - The parties must provide to the court and to the other party or parties by 4pm (insert date twenty eight days after typing) the following....

 

The court clerk must have typed this one up in a hurry that she did not put in a date.

[AndyOrch]

So as the court not stated a date?

 

And what date is The Notice of Allocation and what date have they down for the trial date?

[axil23]

Must have been a mistake no they have not inserted a date.

Although I think its pretty obvious what the date should be.

28 days from the posting date which was 2nd August.

 

There is no trial date.

I have not heard back from them.

The letter just states Notice of allocation to the small claims track (hearing)

[AndyOrch]

So the directions should have been complied with by the 28th August..strange there is no trial date...its normally in the first paragraph of the directions.

 

I think you need to ring your local county court tomorrow and ask whats going...why no date for directions ..why no date for trial?

 

Get an update and post back here tomorrow and we we will try to get you back up to speed.

[axil23]

Send a copy of your witness statement and exhibits (documents /photographs) to the claimant ASAP...have you received theirs?

 

Yes I got there a couple of weeks back.

Way over the 28 days allocated by the court.

he is late too.

 

So the directions should have been complied with by the 28th August...what date is the trial date?

 

There is no trial date.

It states on the letter that they will allocate the hearing date and let me know.

[AndyOrch]

Yes I got there a couple of weeks back. Way over the 28 days allocated by the court. So he is late too.

 

But at least you got theirs...at the moment you are in default of the directions and the claimant is within its rights to ask the court to strike out your defence for none compliance.

 

Did you not think it strange that they sent you theirs and you was under the apprehension that you didn't have to send yours?...common sense.

[axil23]

To be honest the whole case history is that he was sending me letters to the old address.

the judge asked him to send all communication he had sent me in the last 3 years to my new address which is all that I have got.

 

These are copies of old letters he sent asking for payment.

I did not see anything odd in that as the judge had asked him to send these to me.

 

He has not sent me any witness statements or any other proof he is relying on in court.

[AndyOrch]

So he has not complied with the directions either...ring the court tomorrow as advised...find out the date of the trial...ask if the claimant has complied with the directions....and we can take it from there .

[axil23]

Spoke with the court.

 

They have not received anything from the claimant so the case has been referred to a district judge.

 

They have received the photos and statement of truth from me.

 

What does this mean?

 

Does the judge now take a call whether the case will go ahead or not?

[AndyOrch]

So not trial date ? If not then a case management conference will be held to set further directions or even strike out the claimants claim for none compliance.

[axil23]

No trial date yet.

So what should I do to comply?

Shall I send him all the documentation?

Or wait to see what the court says?

[AndyOrch]

I would send him all your disclosure and any witness statement....if the court wish to strike it out...and you have not complied also.......not good.

[axil23]

Thanks Andy.

[axil23]

An electrician who had worked for my dad did a claim against him but got the names wrong and also included me on the claim for some reason.

 

He also did it at a address that we moved out from 5 years back so we never got any of the correspondence until one day my credit report got hit for a 6 and experian sent me a email.

 

Cut a long story short it took me 3-4 months but I got the CCJ set aside but at a cost.

 

He is now following up the case but I want my court costs back which he refuses to give.

 

What are my options to get my court costs back from him for the case to set aside the CCJ?

[dx100uk]

threads merged for history

please keep to ONE THREAD

 

 

dx

[AndyOrch]

An electrician who had worked for my dad did a claim against him but got the names wrong and also included me on the claim for some reason.

 

 

He also did it at a address that we moved out from 5 years back so we never got any of the correspondence until one day my credit report got hit for a 6 and experian sent me a email.

 

Cut a long story short it took me 3-4 months but I got the CCJ set aside but at a cost.

 

 

He is now following up the case but I want my court costs back which he refuses to give.

 

 

What are my options to get my court costs back from him for the case to set aside the CCJ?

 

Did you ask for costs at the set a side hearing ?