Not advising Change of Registered Keeper to PCM

Coupon-mad

Make sure you contacted the Judge in writing, no phone calls.

Have you not had your £255 refund, or are you saying that the fee was only to be refunded IF you win at the substantive hearing?

Did you submit your defence in time, based on the Judge's Directions?

Have the Claimants paid the Court fee to continue, if not then you can write to the Judge and ask for your £255 now and your costs for attending that set aside hearing.

If the PPC do not continue, then you can base an urgent letter asking for costs, on the one written by LoadsofChildren123, which is about reclaiming costs after a PPC unreasonably discontinued. It's linked in the NEWBIES thread post #2.

edinh05

Thanks Coupon-mad, to answer your questions, the exact order was as follows (sic):

1. Set aside judgment.

2. Particulars of Claim struck out for failure to comply with Civil Procedure Rules by giving a concise statement of the facts relied on and how the changes claimed are composed. Claimant may file and serve Full a compliant Particulars of Claim by 10 July 2017. In Default claim struck out. On compliance the Defendant must file and serve Defence by 24 July 2017.

3. Defendant's address for service is XXXXXXX.

4. Claimant do pay the Defendant's application for £255 by 10 July 2017.

So I’m effectively waiting for the PPC to decide their next steps although the order was late. Looks like an administrative delay/error (my address was incorrectly stated) but I’ll follow your suggestions nonetheless.

Coupon-mad

As you have not received the £255, not their revised particulars, definitely write now to inform the Judge, and to point out the address error. If the claimant has not complied then they must pay your costs.

When you contacted the court to point out the errors, it was in writing, was it? No phone calls.

edinh05

Correct: in writing, no phone calls. I'll update the thread as to how I get on.

edinh05

An update here: I'm still battling to get an answer from the court as to what they propose to do next; it's proving rather frustrating and I still have a CCJ on my file.

Has anyone seen this before? The court have made an administrative error and are not replying to my communications to get them to acknowledge it. The Claimant has also not paid the set aside fee.

Coupon-mad

Even a skim read of today's posts finds you this:

https://forums.moneysavingexpert.com/discussion/comment/73311640#Comment_73311640

It's all been said umpteen times and you will get on quicker by relevant reading of this forum, OFF your own thread, than on it! It amazes me that people with CEL claims or set asides - that are ALL THE SAME and involve us repeating the same advice like Groundhog Day - don't read other threads (regularly, at least every other day) that are the same. I know I would!

Bookmark that one, and others like it, and inform yourself instead of staying in splendid isolation here on one thread.

edinh05

Thanks for the steer to the thread. My question was about a court making an administrative error which has caused a delay in proceedings and not responding to communications, not about the claim / set aside itself.

nosferatu1001

Its been a fair few months, what have YOU done to resolve this?

What have you written tt the court, when, and how often?
yes its the courts !!!! up, but frankly they wont care unless you tell them often and loudly

If the claimant failed to serve particulars on X date ,then the claim should be been struck. As the set aside was granted the CCJ should already have been removed. And the third item to resolve is that the claimant owes you the £255

All of the above can be done through the courts, for example failing to pay you the £255 means you can enforce the order against them.

numps

Any news on this case?

edinh05

No tangible updates I’m afraid. Overseas work and a number of other more pressing matters have kept me from focusing properly on pursuing the Claimant, something which I am able to do.
The myriad communications I have sent to the Court have gone unanswered and I am now in a complaints process using the Resolver tool. This is professional incompetence; for whatever reason they have not updated their CaseMan system which exports the N24 order to the Trust Online service, or rectified the administrative errors present in the Court order.
I will take steps to get the order enforced and write to the Claimant stating that the set aside fee is payable and, in absence of revised particulars, I can consider that the claim has been discontinued and seek costs. I've used the example written by LoadsofChildren123 on the Newbies thread as a basis for this.