Unknown CCJ with some complexities- please help

Umkomaas

Did you find LoadsofChildren123's costs schedule, linked in post #2 of the NEWBIES thread?

He brushed aside my advice on this. There you go, not going to spend time arguing. Take it or leave it.

wdm1985

Hi Umkomaas I certainly wasn't trying to brush aside any advice. All I meant was I wasn't sure if it was relevant at this point in time given that it is only the set aside hearing. I looked at LoadsofChildrens comprehensive document on dropbox and it appeared to me that was after the case had been dismissed.

wdm1985

Hi Coupon- Many thanks for coming aboard this thread. I see the wonderful work you do for other people and I am incredibly grateful for your advice ( and all the others).

I have had a look at the LoadsofChildren document. Its very comprehensive, but it was my understanding this was for a case that had been dismissed rather than costs at a set aside. I have found a template though on another thread for costs and unreasonable costs.

At the minute my wife and I are both going as I am her witness as to never receiving the court papers. I know the case inside out and would like to represent her on the day, however given that I am a witness in her defence I didn't think I could.

One thing you might be able to advise- I have the court letter asking me to submit my bundle. (Its in 9 days) I have not submitted anything yet. There was no indication that I had to submit anything to the claimant. I have received anything from them either- even though I got their claim for costs.

wdm1985

Sorry to bump this up again, but can anyone advise if I am meant to provide the claimant with anything at this point? I have received nothing from them apart from a claim for costs and there is nothing on the court document to say i have to do anything apart from submit via email to the court. The set aside is in 10 days.

thanks

Coupon-mad

I'd say your own claim for costs is all you need to supply to the claimant.

LOC123's version was used in different circs but we drew your attention to it as an example, because of the way it is written (Johnersh and LOC123 both being legally qualified posters, with the gift of being able to write in the persuasive way you need).

Someone used it and adapted it last week and got £1500 costs...yep, £1500!

[Deleted User]

If you've not lodged a bundle, you'd better get moving and do so.

This is YOUR application to remove a set aside. Of course the Claimant isn't going to lift a finger - they've already got judgment. If you don't get it set aside they'll be happy enough. I'd be preparing a bundle with the documents set out below.

Whilst a costs schedule only needs to be done 24 hrs before a hearing, bundles should generally be lodged 7 days before, unless ordered otherwise. This is important as it is the only way to ensure the Court sees everything you want them to. Stuff is less likely to go astray if you lodge a tidy indexed and paginated bundle. It'll make your arguments easier too.

PLEADINGS:
1. Claim Form (and Particulars)
2. Judgment

APPLICATION:
3. The application to set aside
4. Draft Defence
5. Draft of your proposed order,
6. Witness statement #1
7. Witness statement #2

OTHER
8. Relevant pre-action correspondence
9. Statement of Costs (both Claimant and Defendant)

wdm1985

Hi John,

That's an excellent guide and much help thanks. I have everything pretty much good to go and I will do it tomorrow evening. The court were very specific about emailing them everything. Should I still make sure that I sent a proper bundle too?

Can I just clarify when you say pleadings - what do you mean? If you mean the originals from the court I have seen neither. Is my draft order the draft for set aside or draft for dismissal?. I'm so sorry for all the questions but it does get so so confusing.

Thanks for your help.

[Deleted User]

Assuming this is moved to your local court, you can send in a bundle.

The pleadings are the statements of case and documents already before the court. I've listed them.

You should have requested and received duplicate copies of any documents not received by post first time around.

wdm1985

Johnersh wrote: »

Assuming this is moved to your local court, you can send in a bundle.

The pleadings are the statements of case and documents already before the court. I've listed them.

You should have requested and received duplicate copies of any documents not received by post first time around.

Hi John,
I was not aware that this was required for the set aside so I don't have a copy of the judgement or claim form and the particulars.

What I have included is:
Application Notice
Draft order
Draft defence
Defendant statement
Witness statement
copy of redirect
copy of parking permit (one ticket was for not displaying permit)
precedence of successful parking appeal for ticket issued for the same offence in the same residential carpark
copy of dead to prove we moved home
copy of credit as indication of how we found out.
defendants costs
claimants costs

I hope this covers the bases. Feel nervous thinking about it. With work commitments and the baby on the way I could really do without it

[Deleted User]

copy of dead to prove we moved home

Jesus. It's only a parking ticket. Killing people seems a bit heavy handed....:D