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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently went to a court hearing to set aside a ccj. When

Customer Question

I recently went to a court hearing to set aside a ccj. When I arrived at court I was given a witness statement literally 2 minutes before the hearing and I did not have time to read it. However, the judge set aside the ccj but he was not impressed by my flimsy evidence recorded on the N244 form and I had to pay the court costs and the claimants costs. I was told by the judge that I had to resubmit my defence within 2 weeks and the matter will be dealt with at another hearing. I am unsure as to what is actually happening now. Any help would be appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you have a copy of the Judgment the Judge made ordering you to pay costs and file a defence?
What is the date of the deadline it contains?
Kind regards
AJ
Customer: replied 3 years ago.

Sorry, I don't have a copy of the judgement. It was a verbal instruction to file a defence by the 16th September.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
The next thing you will need to do is, now you have their witness evidence, is make sure your defense addresses everything in their particulars of claim.
Have you actually drafted the defense? What part are you uncertain about?
Kind regards
AJ
Customer: replied 3 years ago.

Hi

No, I haven't drafted the defence. I am uncertain about dates (this is a matter from over 5 years ago) and also including enough evidence to please the judge. The issue is regarding a mobile phone contract that I declined (when offered via a cold caller) at the time. The phone company insist I accepted the offer and wanted payment. I have no written proof or evidence to back up my side of the story. The claimants have a computer screenshot showing that I have agreed to a new contract (someone has ticked a box!). I'm worried that due to lack of evidence I am just wasting my time and money because I basically have no proof. Any defence I submit now could be potentially overruled by the judge and I'll end up paying everything if I lose.

Thanks Jason

Customer: replied 3 years ago.

Hi,

Are you still there?

Regards

Jason

Customer: replied 3 years ago.

08:56 EST



Hi


No, I haven't drafted the defence. I am uncertain about dates (this is a matter from over 5 years ago) and also including enough evidence to please the judge. The issue is regarding a mobile phone contract that I declined (when offered via a cold caller) at the time. The phone company insist I accepted the offer and wanted payment. I have no written proof or evidence to back up my side of the story. The claimants have a computer screenshot showing that I have agreed to a new contract (someone has ticked a box!). I'm worried that due to lack of evidence I am just wasting my time and money because I basically have no proof. Any defence I submit now could be potentially overruled by the judge and I'll end up paying everything if I lose.


Thanks Jason



Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you.
Do you still need help?
Customer: replied 3 years ago.

Hi, yes , Have you read the previous correspondence?

Regards

Jason

Expert:  Ash replied 3 years ago.
Indeed. You have their particulars of claim?
Customer: replied 3 years ago.

Hi, what do you mean?

Regards

Jason

Expert:  Ash replied 3 years ago.
Their claim for and attached particulars - do you have a copy of those?
Customer: replied 3 years ago.

Thanks. Yes I do.

Expert:  Ash replied 3 years ago.
Ok.
Then each paragraph of the particulars you need to address in your address.
You need to admit, deny and put your version of events or say whether you are unable to admit and deny and the reason why.
Really it is just a response to their claim.
For an example please see the bottom of:
http://www.compactlaw.co.uk/free-legal-precedents/small-claims-court.html
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, this will help.


Regards


Jason

Expert:  Ash replied 3 years ago.
Thank you - good luck.

Alex