CIVIL ENFORCEMENT LTD have filed a CCJ for old address

sppc42

Finally got the 'Notice of Allocation to the Small Claims Track (Hearing)', scheduled on 10th May 2019! They have estimated on seeing the documents that the hearing will take approx 1hour

A long wait now, but will keep posted.

cheers!

nosferatu1001

If you have a hearing date, then do you also have a date by which you must exchange documents?

sppc42

I have already submitted all documents to court, and a copy to the CEL via tracked mail. The hearing letter says that hearing is on 10th May, and by 12th April to pay the Small claims court fee of £25 (non-refundable). There's no other date mentioned, however it states clearly that -

1. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing
2. the Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

Question - Do I then need to resend the paperwork to CEL?

nosferatu1001

By "all documents", does this include a
1) witness statement defending the CLAIM (Not the set aside)
and
2) evidence (photos, lttters etc) you rely upon
3) Case law you refer to?

Or was it just the defence?

If not, then that is your deadline - 14 days before 10th May

sppc42

Yes, I submitted the following
1) New (final) defence
2) Original WS sent at the set-aside - this had arguments both for the set-aside and the order dismissal
3) Original Skeleton argument
4) Evidence - Photos, letters, references
5) Case references, attached as evidence
6) Schedule of costs - including wage slip

Do you think i need to submit another WS just for the defence? If yes, shall I submit that as an addendum or need to resubmit everything?

Further, maybe a dumb question - I have just the royal mail tracking of the package I sent to CEL, all the documents' copy. I have not mentinoned in the judges copy that a copy has been sent to CEL too, I thought that was implicit. Can it be claimed by say CEL, that all documents were not there?

Coupon-mad

You could email it much nearer the time to CEL. No rush.

The hearing letter says that hearing is on 10th May, and by 12th April to pay the Small claims court fee of £25 (non-refundable).

That's for the Claimant to pay, of course. Not you...just checking!

Lego-9

I wonder if anything good has come from this?

KeithP

Lego-9 wrote: »

I wonder if anything good has come from this?

Unlikely, given that a hearing isn't due for another month.

sppc42

Hi all,

I just called in the court to check if the claimant (CEL) has paid the court fees for hearing, as the deadline for that was 12th April. But I was informed that they have not done and hence this hearing will be struck off the listing!

So does that means those jackasses can get away by simply not paying the court hearing fee? All the counter effort and documentation I did goes to no use? What about the costs that were reserved in the set-aside hearing?

Coupon-mad

What about the costs that were reserved in the set-aside hearing?

You write to that Judge now, posting it on Monday, and say you have heard when you phoned the court that the Claimant has not paid a hearing fee and hence this hearing will be struck off. As such, the C has demonstrated an abuse of process and abject disregard for the court's Directions and should have no relief from sanctions.

Attach your FULL costs schedule and remind the DJ that costs were reserved.