Is it too late?

nosferatu1001

What did the judge Order? You havent told us.

whitepatch

nosferatu1001 wrote: »

What did the judge Order? You havent told us.

Other than both claims set aside, my OH isn't entirely sure! He said she has merged the two claims. She said she would send a letter out detailing!

nosferatu1001

OK, expect it to be along the lines of:
claimant to file new particulars
you to file an AMENDED defence within 14 days

So expect it and prepare for it. Amend means just that - amend the defence you submiitted as part of the set aside. STRIKE THROUGH deletions and additions go in red.

whitepatch

nosferatu1001 wrote: »

OK, expect it to be along the lines of:
claimant to file new particulars
you to file an AMENDED defence within 14 days

So expect it and prepare for it. Amend means just that - amend the defence you submiitted as part of the set aside. STRIKE THROUGH deletions and additions go in red.

Oh I see, so just the defence part gets submitted now?
You say strike through deletions, how do I know which bits to delete?

nosferatu1001

By doing your own work and researching if anything needs changing, based on the PoC you get from them, of course!
"NOW" you dont submit anything
"NOW" you wait gfor the Order and see what it tells you to do .
I said *prepare*. Nothing more.

whitepatch

nosferatu1001 wrote: »

By doing your own work and researching if anything needs changing, based on the PoC you get from them, of course!
"NOW" you dont submit anything
"NOW" you wait gfor the Order and see what it tells you to do .
I said *prepare*. Nothing more.

Okay I shall have a research!
Thank you!!

whitepatch

So my oh has received the paperwork showing what exactly the judge has ordered. I wonder if someone can help me ubderstand what exactly my oh needs to do now? It says:

It is ordered that:
1. Judgement set aside in both claims.
2. Case Xxxx and yyyy be consolidated under case zzzzz.
3. The defendants witness statement served with his application to set aside shall stand as his defence.

It also says it has been allocated to the small claims track.
Unless the claimant does by 4pm on 7th march 2019 pay to the court £25 or file a properly completed application for help with court fees, then the claim will be struck out with effect from 7th march 2019 without further order, and unless the court orders otherwise you will be liable for the costs the defendant has incurred.

The hearing will take place on the xx of March 2019.... etc etc

Umkomaas

Looks straightforward to me.

1. You've got the CCJs set aside.
2. The two cases will need to be heard as one single case in one hearing (if it gets that far).
3. You don't need to file a new defence or WS - what you've submitted so far is sufficient.

The small claims track is used in claims of less than £10,000 - nothing to concern you. It's the norm for almost all private parking cases.

The PPC needs to pay a court fee of £25 to submit their revised (amalgamated) case. It must be done by the deadline date, otherwise their claim is struck out (ie, you win) and your costs will have to be met. Prepare your cost schedule (see NEWBIES FAQ sticky, post #2) ready for the deadline date. Submit it to the court immediately after the deadline has expired if no new claim has been made. If you get that opportunity, don't be shy in calculating your costs (but note, this isn't going to be any kind of lottery win!).

whitepatch

Umkomaas wrote: »

Looks straightforward to me.

1. You've got the CCJs set aside.
2. The two cases will need to be heard as one single case in one hearing (if it gets that far).
3. You don't need to file a new defence or WS - what you've submitted so far is sufficient.

The small claims track is used in claims of less than £10,000 - nothing to concern you. It's the norm for almost all private parking cases.

The PPC needs to pay a court fee of £25 to submit their revised (amalgamated) case. It must be done by the deadline date, otherwise their claim is struck out (ie, you win) and your costs will have to be met. Prepare your cost schedule (see NEWBIES FAQ sticky, post #2) ready for the deadline date. Submit it to the court immediately after the deadline has expired if no new claim has been made. If you get that opportunity, don't be shy in calculating your costs (but note, this isn't going to be any kind of lottery win!).

Okay perfect!

So only after 7th March does my oh submit anything, if we haven't heard anything. Hopefully I can get my £510 back, plus he had to take a day off work using his holiday!

Umkomaas

Hopefully I can get my £510 back, plus he had to take a day off work using his holiday!

Put the £510 into your costs schedule, plus (a capped, unfortunately) £95 towards half a day's pay/loss of annual leave - attach proof of wage/salary level.