CCJ Set aside CEL help please

Coupon-mad

Be ready to defend the case if CEL continue, and to claim your £255 back, if they discontinue. You'd have to write to the Judge.

I hope you asked for your costs so far, to be reserved?

a6915137

Hi Coupon-mad and thanks again for taking time to reply to my post.

I haven't ask the judge during the court hearing about the reserving the cost and claiming back the my £255. but that was included in the draft order and statement that was sent to the judge (below a copy of it). Judge has asked so far to set aside the CCJ and to ask CEL to sent an explanation of the £353 they ask for and also that I am able to defend my case after they send their explanation.

CLAIM No: XXXXXXX
IT IS ORDERED that:
1. The default judgement dated on ****** be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm following 14 days after the date on which the judgement is set aside. 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 following 14 days after the date on which the judgement is set aside.
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.
6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT
1. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated ******requesting to:
a. Set aside the default judgment dated ******* as it was defectively served using an old address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. c. Order for the original claim to be set aside.


Should I just wait now until I see the CEL response ?

All Best

Coupon-mad

Yes I think wait to see what happens and if they discontinue be quick to write to the Judge.

Point out their wholly unreasonable conduct to the Judge (list it, to remind him) and the fact your N244 application included a request for your costs back from CEL if they discontinued, as they often do in this situation, hoping to walk away from ruining a person's life and credit rating for months and leave that victim out of pocket for over £250. Cannot be supported by the courts.

a6915137

Hi all,

As you expected Coupon-mad CEL discontinue. they have send me a letter.

Please be advised that we have discontinued proceedings for the claim referred to above and have notified the court of the same. Please find attached a copy of the notice of discontinuance, Form N279.

I have also received a letter from the court saying:

It is ordered that
1. The judgment against Mr ********* dated on ******* be hereby set aside.
2. The claim is stayed (that is, no further steps may be taken in these proceeding without the permission of the court) because the claimants particulars of claim does not, as written, have a real prospect of success. Unless by 4.00 pm on 17 June 2019 the claimant files with the court and serves the defendant with a further particular of claim that discloses a claim against the defendant, the claim will be automatically stuck out.
• Claimant must particularises:
• Its right or title over the land in question;
• The date and terms of the contract alleged;
• What Claimant alleges to be the manner of acceptance by Defendant of the alleged contract;
• The date of each alleged breach;
• The nature or method cause of each breach alleged and how any cause should be attributed to the Defendant.
• Calculation of the sum claimed
3. The Defendant shall by no later that 4 pm on 28 June 2019 file and serve a Defence to the Amended Claim.
4. No order as to cost.


So I think is time for me to write to judge to asked them to refund 255 which is the cost of the application.

Can you please share you wisdom. any example of someone who has done this before.

Thank you all !

Coupon-mad

No order as to cost.

Hmmm...that is unfair. But you can ask.

Just put this into a letter, refer to the notice of discontinuance, and show that the Claimant has met the high bar for costs for wholly unreasonable conduct:

Point out their wholly unreasonable conduct to the Judge (list it, to remind him) and the fact your N244 application included a request for your costs back from CEL if they discontinued, as they often do in this situation, hoping to walk away from ruining a person's life and credit rating for months and leave that victim out of pocket for over £250. Cannot be supported by the courts.