PCM ticket in February 2018/Gladstone Solicitor

Daintai

I am trying to but i do not know how, I tried looking for the six point forum but nothing i can see

Le_Kirk

Daintai wrote: »

I am trying to but i do not know how, I tried looking for the six point forum but nothing i can see

Search the forum using advanced search. Put six-point order in keyword(s) and change the radio button from threads to posts, hit search now. I just did that and got 200 results in under 0.76 seconds.

Daintai

Ok i will try that now, Thank you

Daintai

I found a letter do i do a draft of one of these and put my details in? Does the date of payment requested make any difference. will i automatically get a CCJ if not paid by a certain time

Redx

There is already a CCJ which was issued the day of the court case

Your payment for a set aside together with the draft is about putting back to a court claim from the CCJ

The CCJ is already in force

Daintai

Hi so this is what i have to write below.?

Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The default judgment dated XX.03.2019 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/XX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/XX.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

Daintai

I was not aware of date of hearing otherwise i would have put it in as your guys instructed me to do, The letters were not given to me on time, I am trying to find this SET ASIDE post form henrik777 but seen only a n244 form and defence letter at the end.

Le_Kirk

Did you search the forum for six point draft order? Your draft has only five points. Also you don't have to enter a new post every time you think of something, just hit EDIT and you can add more comments to that post.

Le_Kirk

Did you search using the Search this Forum button? Be on the front page of the forum, click on Search this Forum, hit Advanced Search, then type henrik777 in the User Name box, put set aside defence in the Keyword(s) box, change the radio button from threads to posts and hit search now. I did this and found 15 posts in 0.48 secs.

Did you find the six-point draft order? just use the search facility as above but put six-point draft order in as your keyword(s). HERE is a link to just one of 112 that popped up. At the end of that post the poster asks what time frame to put in and the answer is just leave it blank as they have done.

Daintai

Hi Hendrik777

This is from the link you gave me, Do edit and insert my information?Will this need to be posted? There was no direct info on if it is not set aside i still pay. Also would it be likely anoth court hearing be soon? I won't return to London until February of next year. PLS SEE Below

So I've been following the below template for my six point draft order..

IT IS ORDERED THAT:

Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The default judgment dated XX.03.2019 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/XX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/XX.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

Is this right? And what sort of time frame should I be putting down for the dates required?

Is it a must this draft has to be posted my royal mail to the County court?
If so do I also post the same to the claimant?
When do I pay the £255 after the judge authorisation?
When is i likely to be?
Is there any point pursuing this If I am not able to attend another court session?