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I need to know if at the Hearing on 30 September which is primarily for the removal of a county Court Judgement will the Judge rule also on my Counterclaim i.e. compensation for this and also illegally locking me out of my land. If so will a Pro bono from the RCJ deal with this for me or should I try to get an interested solicitor who will advise on compensation. It is difficult because the Judge may not deal with this but order another Hearing. He has allowed 2 hours.
I also need to know if you think the Judge will rule on my main case at the Hearing for the ccj on 30 sept. which is breach of contract by demanding money from me with a fraudulent certificate
Has the Judge given directions for the trial or just service of the defence please?
y Defence was a Hearing on 12 June when the Judge asked me what my Defence was and I said I refused to pay a fraudulently signed and dated Certificate which deprived me of an arbitesely from the remainder of the Defendantr under my contract of Sale and he accepted this. He made an Order whichsaid "the claim against Defendant 61 Jean Robinson will be dealt with separatr
s.....separately from the remainder of the Defendant
(a) the application to set aside Judgement will be listed for hearing on 30 September 2014 at 10.30 a.m. at the County Court Chelmsford with a time estimate 2 hours before HHJ Lochrane if possible (b) costs reserved.
This is the Judge who ruled that my right of way had been breached. I am relying on Independent Surveyors Reports which prove the maintenance was not done and Judge Denning's Judgement because of the fraud and collusion. . Will he deal with any of this on 30 Sept. On 12 June he allowed the two Defences I put in and my N244
I am hoping that am right in waiting for an answer.
Ok - this is not a trial. What you have to show here is that you have a 'realistic defence'.
That means some defence. If your defence is totally without merit then your application will be dismissed.
You therefore need to file a fully pleaded defence.
You need to show that you have some defence.
It need not be very strong or very good, but needs to show something.
Therefore you need to file a draft defence in order to support what you have to say.
In terms of pleading fraud or dishonesty, you need to make sure you have the evidence to hand because the Judge wont take kindly to making these types of allegations without this.
Can I clarify anything for you about this today please?
If he has already accepted my N244 (and the Court actually rang me to say the Judge advised me to serve this to the Claimants without delay way back in about May) has he not a
Who rang you?
already accepted my Defence?
Chelmsford County Court rang me to say the Judge advised me to serve the other side with my N244 without delay because it was short of time - I k
That does not mean that the defence is accepted.
You still have to show the Judge that you have a realistic defence.
Just because you have filed a defence does not mean you actually have a realistic defence.
The burden is on YOU to show the Court you have some defence.
ow it is unusual. They also sent me under his Directions another copy of hs Order stating that I had a right of way and this could not be denied
Ok - but you still have the burden to show you have a defence.
That is what the next hearing is for
What you are saying is that I have to tell Pro Bono what my main case is and he can then defend the CCJ
Your application to set aside has been adjourned.
You need to show you have some defence
Does this clarify?
yES THA NK YOU
If I could invite you to rate my answer before you go today please, the box is at the bottom of the screen
Whatdoes your offer of 7 days free membership mean?
Alex I did rate your service as excellent straight away. I don't know what is happening here. I have done it again. Sorry, you were indeed excellent.
I have a free week's advice. Do you deal with property law?