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No Summons but Judgement ordered

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  • Coupon-mad
    Coupon-mad Posts: 151,522 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What does the court letter say about it? With a set aside it's sometimes a bit unclear.

    We assume you had a hearing in 2019 re the set aside and the Judge agreed to set the CCJ aside, when was that?

    And so, what did the Judge's letter(s) then say the parties had to do and by when?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Lynxy
    Lynxy Posts: 66 Forumite
    10 Posts First Anniversary
    edited 15 January 2020 at 10:33AM
    What does the court letter say about it? With a set aside it's sometimes a bit unclear.
    - The letter said the judge accepted the set aside and allowed for another hearing to take place. I will try and find the exact wording.
    We assume you had a hearing in 2019 re the set aside and the Judge agreed to set the CCJ aside, when was that?
    - Correct, hearing was in 2019 but I never got the hearing date, this was the reason for my set-aside which was accepted.
    And so, what did the Judge's letter(s) then say the parties had to do and by when?
    - I will try and find the letter. Ive moved house so everything is every where at the moment.

    The witness statement and evidence was attached and submitted with the set-aside back in June 2019. I have not sent these to the claimant. Shall I?

    I have removed anything identifiable to me so my documents currently:
    Witness statement : https://docdro.id/VMzcJBu

    Evidence/Exhibits: https://docdro.id/7KatkfO
    A: Rejection of trial by paper
    B: Providing directions questionnaire
    C: Providing directions questionnaire again
    D: Counterclaim reference

    My evidence is based on the fact that I wanted this to go to court and filled out the directions questionnaire twice at the courts request, rejecting trial by paper and putting a counter claim. If I was not interested/or ignored the original hearing date, I would not have complied with the courts requests to provide direct questionnaires (twice) and making a counterclaim for time wasted. In the witness statement I also put the point across that it may have been the courts admin error that I never received the court hearing date (as seen with the request of the DQ twice)

    Cost Schedule: https://docdro.id/p0Aap5y
    I have included the set-aside fee in the cost schedule also.

    The previous witness statement from claimant (the hearing that I missed) is below. Its likely they will submit the same witness statement.
    Previous Claimant WS: https://docdro.id/pAtUROp
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    ou are getting yoruself confused

    You have
    1) the hearing for te set aside
    and
    2) The hearing for the actual claim

    1) Is done now. Anything you did for that, is now over.
    What is important is the hearing for the ACTUAL claim, and that is what you MUST check re ryour requirements.

    Usually you will have been told a date for a hearing, and in that letter you will have been given the deadline for which the witness statement ABOUT THE EVENTS is sent to he claimant *and* the court. In addition you will file and serve on both parties the other evidence you will rely upon

    You MUST get on this today. This is imperative.

    The "defence" for the set aside - ie why you never attended the hearing and so got a CCJ against you - is not relevant. You need to defend the claim, you need a witness statement about the claim,and you need evid3nce to support your defence and WS. This is a seperate topic entirely to the set aside. Youre done talking about the set aside - apart from COSTS

    Anything and everything you send to the court you must send to the claimant. This is not optional.
  • Lynxy
    Lynxy Posts: 66 Forumite
    10 Posts First Anniversary
    edited 15 January 2020 at 11:18AM
    Hi,

    i Just called Northampton Business Centre as it is virtually impossible to get hold of Uxbridge and they said it is a 'Notice of hearing for application' - Which is for the set-aside! I will call Uxbridge to confirm.

    But for now, does this change anything with what I have to do? Do I still send the WS, evidence and Cost schedule etc to claimant and court? I already attached my WS & evidence to my set-aside application to the court but not the cost schedule?

    Do I include a cost schedule to the court & claimant for a 'Notice of hearing for application'?

    Do I send the WS & Evidence to Claimant for a 'Notice of hearing for application'?
  • Lynxy
    Lynxy Posts: 66 Forumite
    10 Posts First Anniversary
    Ok, I just spoke to the Uxbridge and they said it is the hearing for the set-aside.

    The clerk said I can argue for the case to be struck out but any evidences must be submitted. She said, even if the cost schedule is not considered, it will still be filed if the case goes to a final hearing.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Can you please be clear for us?

    Did you or did you not get your set aside granted, at a hearing whcih you attended? Yes or No

    If YES then the CCBC will be utterly useless. They will have nbo idea what the current status is.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You said "The set aside was accepted." - I persume you mean your APPLICATOIN for set aside was granted?

    Please, please be very clear. If you have not yet attended a SET ASIDE HEARING, you need to concentrate ony on whats needed for that - which will be
    - witness statement supporting why you shoul dhave the JUDGEMENT set aside - remmeber, youre not arguing the merits of their *claim*, youre arguing you should be allowed to have th e*judgemnt* nullified and the case heard properly
    - 6 point draft order
    - evidence to support your WS, for example if it is about papers not served as you had moved, then you need to show you could be found at new address
    - DEFENCE to the claim, so you can be shown undewr CPR13.2 to have "another good reason" to allow the set aside.
    -
  • Lynxy
    Lynxy Posts: 66 Forumite
    10 Posts First Anniversary
    edited 15 January 2020 at 2:00PM
    Apologies for the confusion.

    Just to confirm, the hearing is for the set aside.

    Can you confirm what you mean by '6 point draft order'? I looked this up on the Newbies thread and the forum but could not find anything relating to this? I already included a draft of the order in my WS, does this need to seperated?

    So what I need to send to the claimant is:
    -WS,
    -Evidence
    -6 point draft order (separated)?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Defence to the underlying claim as well, although for a set aside hearing you dont have to serve this on them. Its just good practice

    What defence have you written? I asked about it yet you havent mentioned it.

    6 point draft order - usually its own sheet to make it easier. It has 6 numbered para, which basically sets out what YOU want the *court* to order both parties to do. So, it sets aside the judgment of... date, it then says that costs are reserved, it requires the Claimant (C) to issue you particulars of claim within 14 days, requires Defendant (D) to submit an amended defence within 14 days of PoC, and then says IF the C doesnt send PoC, OR they discontinue, that your costs of the set aside sumarily assesed at £255 are paid as para 2 ceases to apply
  • Lynxy
    Lynxy Posts: 66 Forumite
    10 Posts First Anniversary
    edited 15 January 2020 at 2:55PM
    @nosferatu - Please see Witness statement : https://docdro.id/VMzcJBu

    On here I have broken down the following:
    - Witness statement
    - Default judgement
    - Order dismissing the claim

    I am doing a 6 point draft order as we speak although i cover 4 of the 6 points in the draft order.

    a. Set aside the Default Judgement dated 22nd May 2019 as the court hearing was not sent or misplaced in post;
    b. In the interests of justice the Defendant has the prospects of successfully defending the claim itself and the added costs which included sums illusive by the parking firm which were never incurred and were an abuse of process for the Claimant to add to a parking charge;
    c. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
    d. Order for the original claim to be dismissed.

    I will amend to include the ones I have missed which are:

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on 29/01/2020 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 05/02/2020.
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