MCOL & PCOL

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    #76
    I think maybe at least a couple of weeks before the hearing. The same timeframe as your submissions to the court.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #77
      Hello,
      Another query.

      The defendants have completed application n244 to requesting court to aside CCJ and repayments to reduce.

      could the court set aside the order with a repayment order or would they be able to dismiss the application to set aside order but include a repayment order with the CCJ.

      To vary a judgment the defendant would have to complete a N245 form with income and expense details. The defendants haven't done this. could i request this and the court would be able to dismiss to set aside the order and The defendants need to make new application.

      Just queries which are appearing in my head as i read more of the guidance....

      Much appreciate any help...

      Comment


        #78
        Just to update this thread : The CCJ set aside hearing was adjourned, as the defendants decided to pull the covid card at the last minute. i turned up at court and the judge explained to me what happened. Court ordered for another hearing and this time it was defaulted to a telephone hearing - the only reason i think this happened is the defendants haven't been in touch with courts to request otherwise (i can only presume this) .

        The telephone hearing is next week - i am nervous as i have never attended telephone hearing before. All the hearings in this process (MCOL & PCOL) was always face to face. However as usual, I am prepared to give my best go at this. Although I have sold my property and can actually write off the arrears as a loss, I wouldn't want the defendants to walk away free - at the very least they should have the CCJ on their back for 6 years....



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          #79
          Just to close of this thread : telephone hearing took place and after a lengthy hearing - the defendants application to set aside CCJ was dismissed and a CCJ with an instalment order was ordered by the Judge. He said he saw no real prospect of the defendant defending the claim, however to resolve he would order an instalment.

          so I guess, all seems good for now

          Comment


            #80
            Thanks for the update, good to know.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #81
              Originally posted by OS7 View Post

              Right, okay. Oh well i guess i have to pen them an email. Is there a time frame, i have to do this. I sort of decided that i will not contact them, but i guess i may have to as i do want them to drop their case.
              Is it fine to send the evidence by email to both court and defendants or is it required to be sent by letter post?

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