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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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A company had managed to get CCJ about contractual breach

Resolved Question:

Hi,
A company had managed to get CCJ about contractual breach in my absence and without my knowledge. I had applied and now the Court has set aside the judgement as follow:
By consent the judgement dated xxx be set aside.
The following directions are made:
1. Claimant do save particulars of claim on the Defendant within 14 days.
2. Defendant do file at court and serve on the Claimant his defence within 28 days.
3. Direction questionnaires to be filled by 15/04/2016.
4. Costs in case.
Dated 2 March 2016
I have received this letter from the court which was dated 4 March 2016.
Now my questions:
1. What happens next?
2. By what date I should receive the claim from the claimant?
Submitted: 12 months ago.
Category: Law
Expert:  Alex J. replied 12 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have you been served with a particulars of claim from the claimant? Does the claimant have your correct address?
Customer: replied 12 months ago.
I have received a letter from the claimant dated 17/03/2016 with claim form and particulars of claim. In response pack there is only one page. It does not have any forms such as N9B or N9D or N0A or N9B. Address is my home address. The business is now closed down.
Expert:  Alex J. replied 12 months ago.
Hi, Thank you. The date you should have received the claim was 18 March 2016, you have 28 days from the date of receiving the particulars to file a defence. Do you actually have a defence to the claim?
Customer: replied 12 months ago.
I received the claim form on 19/03/2016. The letter and postmark is dated 17/03/2016. Its a first class letter. I do have defence to the claim and also a counter claim.
Customer: replied 12 months ago.
The judgement says defendant do file at court and serve on the claimant his defence within 28 days. Does this mean 28 days from the judgement date or 28 days from receiving the claim from the claimant?
Expert:  Alex J. replied 12 months ago.
Hi, Thank you. Now you have 28 days from the 19th (part 6 of the Civil Prodecure Rules, services is affected 48 hrs after posting 1st class Civil Procedure Rule 6.26) - so you have 28 days from this date.
Customer: replied 12 months ago.
I thought the claim should be received (with the defendant) before or on 17/03/2016.
Customer: replied 12 months ago.
What is "Directions questionnaires to be filled by 15/04/2016?"
Customer: replied 12 months ago.
I have not received any froms such as N9A,B,C,D.
Expert:  Alex J. replied 12 months ago.
Hi, Thank you. Technically yes they are in breach of the Judge's order, and technically you can apply to have the claim struck out under CPR 3.4, but a court is unlikely to do strike it out on the basis that it is a day late. When they come to decide the issue of costs, make sure you highlight that the claimant has breached the deadlines. The directions questionnaire, is a questionnaire on the hearing, the parties - it is to determine roughly how long the parties will need to settle the dispute and what evidence will be involved, and ask some other administrative question about the claim. You can download all of the response forms or get them from the court, again I would just make clear to the court that the forms were not supplied when it comes to the issue of deciding costs. Kind regards JA
Customer: replied 12 months ago.
Thanks. Do I send the defence to the local court that set aside the judgement or to the court in claim form? The defendent has put the Oxford county court and my local court is Luton. There is no claim number on this form. The direction questionnaire is to be filled by 15/04/2016. So is it a hearing date? If I have 28 days to reply from 19/03/2016 it will go beyond this 15/04/2016.
Expert:  Alex J. replied 12 months ago.
Hi, Thank you. It should be 28 days exactly more or less to the 15 April. You can file the questionnaire and always amend - but if the timing is going to be close or you cannot get your defence in on time, then ask the court for a time extension of the questionnaire because of the claimants late filing. Send the defence to the clamaint first and foremost and then the court that the claim number is ***** with. Kind regards AJ
Customer: replied 12 months ago.
Where do I get the directions questionnaire from?
Expert:  Alex J. replied 12 months ago.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n181-eng.pdf
Expert:  Alex J. replied 12 months ago.
This is the directions questionnaire. AJ
Customer: replied 12 months ago.
Which court do I file my defence and directions questionnaire? Luton court has set aside the judgement.
Customer: replied 12 months ago.
The claim form says in the Northampton County Court and on the claim form the claimant has put Oxford County Court as his preferred court. And Luton court has set aside the judgement.
Customer: replied 12 months ago.
Hi
Expert:  Alex J. replied 12 months ago.
Hi, Thank you. The most important thing is that the claimant receives your defence on time. In the mean time send the defence and questionnaire to your court and the claimants court, and then right to the court and request the matter be heard at your local court as that is your right as defendant. Kind regards AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 12 months ago.
Thanks a lot.
Expert:  Alex J. replied 12 months ago.
No problem. I wish you the best of luck. Kind regards AJ

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