CCJ issued by Excel at my place of work!, options for getting it set aside?

KeithP

aardll wrote: »

Hello, need some advice - do I need to reply to the letter they have posted with the "£85" offer in?

No .

Coupon-mad

You don't have to, but what I am really concerned about is them discontinuing the claim next week, leaving you out of pocket.

So I would reply tomorrow by email, and head it up WITHOUT PREJUDICE, SAVE AS TO COSTS

Tell them that any debt owed to them is very clearly denied but they undoubtedly owe you £510 for the costs of two utterly scam claims that you had to pay to get set aside, as per your costs schedule.

But maybe say that you are prepared to accept that £510 paid by them, plus half the costs for the time spent writing documents if they settle out or court, which would be 15 hours at £19 an hour plus your postage costs.

State that, if they now discontinue to try to avoid their liability for your costs, you will ask the local court not to vacate the hearing and that it remains listed as a costs hearing.

And do exactly that, immediately, if they discontinue send the Judge this correspondence and tell the court that you have already warned the Claimant about your not insignificant costs in battling these vexatious CCJs, and that the conduct throughout has crossed the line to be considered wholly unreasonable in wasting your time and money for x years over parking where you were always authorised to be, used an old address to get two CCJs (at double cost to set aside) then even when the claims were defended, they involved a bailiff firm.

And the claims included added sums in costs that was always known to be unrecoverable due to the POFA 2012 Schedule 4 para 4(5), the Beavis case, paras 98, 193 and 198, and the Consumer Rights Act 2015, schedule 2, paras 6, 10 and 14. The added false £60 per PCN alone is an attempt at double recovery, being an abuse of process, but when this is considered alongside their other conduct - with improperly served claim forms, then bailiffs, and now the discontinued claims to try to leave you hundreds of pounds out of pocket for no lawful reason or justification - it is surely sufficient to consider costs on the indemnity basis.

aardll

Thanks coup, so they've not actually said they're discontinuing the claims but you're saying they're very likely to now?


Also what's interesting is the letter with the offer on has the second claim ref. on it.


The two claims were consolidated with the first ref. being the lead number.


Likely they'll send another letter with the first claim ref. on or is this just another tactic they're using to try it on?

Coupon-mad

Yes they are likely to discontinue next week IMHO, due to your large costs schedule, so I am trying to avoid you not expecting that to happen, and not knowing what to do.

Some WP correspondence between you about costs NOW, would be great to attach to a letter to your Judge when they discontinue, to justify not vacating the hearing and making it one about costs.

The claim ref thing is just their laziness.

You need to get something sent in by email, telling them you will ask for a costs hearing if they discontinue, as it will look better to the Judge that you warned them this week.

aardll

I'll have to post it tomorrow, they apparently won't accept litigation correspondence by email.

aardll

Is this acceptable?:





17/12/2019
Excel Parking Services Limited
Litigation Department

WITHOUT PREJUDICE, SAVE AS TO COSTS
Dear Sir/Madam
RE: X and X

I am replying to your letter dated 11/12/2019 regarding the above claims.
The debt you claim I owe you is denied. It is my belief that you owe me £510 for the costs of having two claims set aside as per my costs schedule which was served to along with my witness statement and evidence last week.
I am willing to accept £510 paid by yourselves along with half the costs of time spent writing documents to defend myself against vexatious CCJs which would be £19 per hour at 15 hours.
I will recap the facts of the matter here:
- You issued a CCJ to my old address which I knew nothing about
- You then subsequently issued a second CCJ to my old address again even though my details were correct with the DVLA as of March 2019
- You ignored the courts direction after the claims were defended and proceeded to pass my details to a debt collection agency causing me further mental stress, anxiety and fear
- You ignored the Landowners request to have the alleged charges reduced back to £30
If you now discontinue to try to avoid liability for your costs, I will ask the local court not to vacate the hearing and that it remains listed as a costs hearing.
I look forward to hearing from you.

Yours faithfully


x

aardll

also, they've stated in this letter if I don't accept the offer "they will continue with the claim for the full amount claimed".


Is this a standard line they put into every single one of these letters?

Coupon-mad

Yes that's a standard line.

The only thing I would change about your letter is to make it timebound, and the figure in total costs you are willing to accept from them, is shown clearly and in bold somewhere. So, add the actual total you will now accept to settle the matter without a costs hearing, and state how long the offer is open for (I would suggest until 4pm Friday...unless your hearing is sooner?).

Oh and a word is missing here

as per my costs schedule which was served to along with my witness statement and evidence last week.

? Served to 'you'

twhitehousescat

there is another case posted in main motoring forum with a similar £85 offer

aardll

No hearing date has been confirmed yet, I had until the 16th to get the WS and Evidence in which I did but I'm still waiting on a hearing date.