Please help! ***I WON***

chunkrock

Just an FYI my hearing date is a week on Friday (9th Nov)

Wish me luck!

Coupon-mad

Read the wins by searching the forum now for:

Another one bites the dust

Take a wage slip and your costs schedule in your bundle, and also proof of emailing your WS and evidence to the other side, in case they deny getting it. People have had their cases adjourned due to not being able to disprove that lie...

Don't talk to the other side's rep much outside except to be polite, and don't accept any last minute paperwork or show them your papers outside the court room, tell the anything they want to say can be said in front of the Judge.

Dress smartly of course - and aim to get there half an hour early, just in case of unexpected hold ups on your journey and to stay less stressed - and take water/sweet as you'll have a wait!

And please tell us your outcome, good luck!

chunkrock

Coupon-mad wrote: »

Read the wins by searching the forum now for:

Another one bites the dust

Take a wage slip and your costs schedule in your bundle, and also proof of emailing your WS and evidence to the other side, in case they deny getting it. People have had their cases adjourned due to not being able to disprove that lie...

Don't talk to the other side's rep much outside except to be polite, and don't accept any last minute paperwork or show them your papers outside the court room, tell the anything they want to say can be said in front of the Judge.

Dress smartly of course - and aim to get there half an hour early, just in case of unexpected hold ups on your journey and to stay less stressed - and take water/sweet as you'll have a wait!

And please tell us your outcome, good luck!

Would my emailing the other side be relevant seeing as it as "after the fact" in order to get the judgement set aside? I mean, I can do it now if you think it'll help but surely it is better to simply present it to the judge?

Coupon-mad

Oops sorry, didn't see that it is a set aside hearing. No, email nothing to anyone!

CEL won't turn up to this hearing but you still have to convince the Judge, not just ask for the CCJ to be set aside, you need evidence.

Take all your proof with you that you:

- acted quickly once you learned of the CCJ

- knew nothing about it before that

- had moved house and did update the DVLA with your address

- were there to be found, all they needed to do was trace you

- take the DVLA FOI that confirms PPCs were told they should/can use TRACE to check addresses

like here, read this carefully, you need to satisfy the points the Judge needs you to:

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

chunkrock

Coupon-mad wrote: »

Oops sorry, didn't see that it is a set aside hearing. No, email nothing to anyone!

CEL won't turn up to this hearing but you still have to convince the Judge, not just ask for the CCJ to be set aside, you need evidence.

Take all your proof with you that you:

- acted quickly once you learned of the CCJ

- knew nothing about it before that

- had moved house and did update the DVLA with your address

- were there to be found, all they needed to do was trace you

- take the DVLA FOI that confirms PPCs were told they should/can use TRACE to check addresses

like here, read this carefully, you need to satisfy the points the Judge needs you to:

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

Phew, thank you. I am fully prepped

noobie247

Hi,

How did this hearing go? I hope you provide an update as I have mine on Monday.

Good luck!

chunkrock

SO I 'won' and got my judgement set aside.

CEL didn't even turn up, just sent a p*ss-weak letter in.

Judge agreed it was a slight oversight on my behalf and not malicious avoidance of the charge so the judgement was set aside and now CEL have 14 days to resubmit a claim against me which I will then have to defend. I didn't get a refund of my fee

Even if they do, and even if I lose this new claim (but you better believe I'm gonna fight it), I am now in a position where I can pay the order and not get blacklisted for 6 years.

Happy Days

Umkomaas

I didn't get a refund of my fee

You only get a chance of that if the claimant had done something wrong (their own fault) in gaining default judgment - the court don't refund, it has to come from the claimant.

Even if CEL submit another claim (and they possibly won't) and you win against them, I think you can forget your £255 - but it won't harm to include it in your cost schedule, and see what happens. The worst will be 'No'.

noobie247

chunkrock wrote: »

SO I 'won' and got my judgement set aside.

CEL didn't even turn up, just sent a p*ss-weak letter in.

Judge agreed it was a slight oversight on my behalf and not malicious avoidance of the charge so the judgement was set aside and now CEL have 14 days to resubmit a claim against me which I will then have to defend. I didn't get a refund of my fee

Even if they do, and even if I lose this new claim (but you better believe I'm gonna fight it), I am now in a position where I can pay the order and not get blacklisted for 6 years.

Happy Days

Brilliant news. I'll take the same result, if I can get rid of the judgement against me then i'll be very happy! Thank you for the update

Coupon-mad

You can still list the £255 and your other (loss of leave/salary, travel, parking) costs for attending that first hearing, in your costs schedule in preparation for the actual hearing.

Don't lose sight of all your costs as this progresses (or doesn't, if CEL try to slink away and hope you don't pursue your £255). Costs are rarely refunded this early and your draft order asked that they be RESERVED (i.e. a decision to make later), and certainly paid by CEL if they now discontinue...so you've got your ducks in a row if the Judge took any notice of your Draft Order.