CEL CCJ Set Aside Advice Needed

KeithP

mainman789 wrote: »

I was not able to get any of the costs reserved as I think I honestly forgot to bring it up when she had asked me to summarise my WS however I had mentioned it in both my WS and skeleton argument.

As you didn't pay the £255 set aside fee, that doesn't matter too much.

Coupon-mad

Did you pay a fee? If you qualify for help with court fees on income grounds, you can quickly claim the fee back, if you are a student and act promptly. You DO NOT have to be on benefits. I'm not and I would qualify due to a low income.

Just fill the online application in and get that done. Low incomes qualify. Or, when you say costs, do you mean your time to attend the hearing?

So just copy a recent CEL defence.

I think I wrote/commented on or adapted one only last month that mentioned the false £82 part of the claim. You CERTAINLY have a defence based on the Consumer Rights Act 2015 abuse of process and test of fairness of the signs, and you must add that the signs have been changed and allege that they must have been inadequate notice, and not compliant with the BPA CoP at the material time.

This is their case to prove at the next hearing, not yours. CEL usually discontinue.

The Court MUST consider the test of fairness in the CRA 2015.

Read the abuse of process thread post #14 for that wording and CEC16's thread to see how it can be argued so that a Judge listens.

KeithP

Coupon-mad wrote: »

Did you pay a fee?

On the other thread the OP told us:

mainman789 wrote: »

I didn't have to pay any court fees.

OP, can you see why it is a good idea only to run one thread?

Coupon-mad

Here you go, I didn't need to search, just stumbled on it again:

https://forums.moneysavingexpert.com/discussion/6074719/cel-ccj-successfully-set-aside-but-on-condition-that-so-confused-help

mainman789

Coupon-mad wrote: »

Did you pay a fee? If you qualify for help with court fees on income grounds, you can quickly claim the fee back, if you are a student and act promptly. You DO NOT have to be on benefits. I'm not and I would qualify due to a low income.

Just fill the online application in and get that done. Low incomes qualify. Or, when you say costs, do you mean your time to attend the hearing?

So just copy a recent CEL defence.

I think I wrote/commented on or adapted one only last month that mentioned the false £82 part of the claim. You CERTAINLY have a defence based on the Consumer Rights Act 2015 abuse of process and test of fairness of the signs, and you must add that the signs have been changed and allege that they must have been inadequate notice, and not compliant with the BPA CoP at the material time.

This is their case to prove at the next hearing, not yours. CEL usually discontinue.

The Court MUST consider the test of fairness in the CRA 2015.

Read the abuse of process thread post #14 for that wording and CEC16's thread to see how it can be argued so that a Judge listens.

I did get help with fee's so I didn't have to pay the court fees thought it would be good to reserve costs anyway but realise that it isn't important since I didn't have to pay the fee's in the first place.

Thanks, I will modify one and post it on here so that I can possibly get feedback from you guys or anyone else willing to help.

Yeah, I've heard that it's pretty common for them to do so hopefully they do the same in my case. I will give the abuse of process thread a read as well.

KeithP wrote: »

On the other thread the OP told us:

OP, can you see why it is a good idea only to run one thread?

Haha I see your point, lesson learnt!

Lastly, thank you guys for your help on these forums as I remember before I got my CCJ set-aside I was genuinely distraught with the having a CCJ, which negatively impacted my credit rating and further to that ended up preventing me from getting a part-time job at two different companies due to having the CCJ (Went through the whole interview process and passed but was told that because I had a CCJ they would not be offering me the job). Now because of all the support you guys provide on here (spent hours reading through other threads and found its normally you guys and a few others that help out) I finally don't have the CCJ on my record. You guys are genuinely doing important work and asking for nothing in return so THANK YOU!

Sorry for long essay but just thought I should mention it for whatever it was worth

Coupon-mad

Lastly, thank you guys for your help on these forums as I remember before I got my CCJ set-aside I was genuinely distraught with the having a CCJ, which negatively impacted my credit rating and further to that ended up preventing me from getting a part-time job at two different companies due to having the CCJ (Went through the whole interview process and passed but was told that because I had a CCJ they would not be offering me the job).

Now because of all the support you guys provide on here (spent hours reading through other threads and found its normally you guys and a few others that help out) I finally don't have the CCJ on my record. You guys are genuinely doing important work and asking for nothing in return so THANK YOU!

I would say, with your defence, also counter claim for a few hundred, for the actual loss of not being given the job you passed the interviews for.

But was the Judge that bad that you would find that hard to argue and evidence?

mainman789

Coupon-mad wrote: »

I would say, with your defence, also counter claim for a few hundred, for the actual loss of not being given the job you passed the interviews for.

But was the Judge that bad that you would find that hard to argue and evidence?

Yeah, I will definitely add that in and I didn't mention the jobs thing during the set-aside hearing cause one I didn't think it was relevant and second, I was way too nervous so missed a few key points from my Witness Statment so don't know if that will work against me.

Well, I was really disappointed that she hadn't read my WS or SA so when she asked me to summarise I ended up missing a few key points. I remember her being satisfied with CEL's attempt at finding my address as I hadn't updated my V5C even though I argued that 'PastDue credit' was able to do so, so why couldn't CEL also a simple google search of my name would have bought up my correct details.

For the reasonable possibility of defence, she said that the BPA conduct (I was still within the 20 minutes grace period; it was a free car-park) was not good enough so I then highlighted the POFA aspect after which she made her decision.

She did not clarify what the 'good reason' under CPR 13.3(1) was however I think it may have been the fact that CEL had sent a set-aside with consent.

Therefore, I'm not sure if I will find it hard to evidence or argue but I don't think there is any harm in trying, right? I just want to make CEL pay, honestly, don't understand how companies like that are able to get away with scamming people

Coupon-mad

Yeah, I will definitely add that in and I didn't mention the jobs thing during the set-aside hearing cause one I didn't think it was relevant and second, I was way too nervous so missed a few key points from my Witness Statment so don't know if that will work against me.

It won't work against you - but as you don't pay court fees you may as well counter claim and evidence the jobs missed out on due to this unfair PCN and CCJ. Nothing to lose.

But a counter claim needs properly wording, not 'adding in' to a defence.

You need to cover it really thoroughly in a separate counter claim, with the defence (and with evidence appended, given this is already allocated to your local court and there won't be a separate WS stage).

Show us your draft. An example can be found on t'internet by searching:

Henry Hippo UKPC Counterclaim pepipoo

I helped him write his counterclaim & it won.

It's rare to get it accepted but let's give it a go.

mainman789

Coupon-mad wrote: »

It won't work against you - but as you don't pay court fees you may as well counter claim and evidence the jobs missed out on due to this unfair PCN and CCJ. Nothing to lose.

But a counter claim needs properly wording, not 'adding in' to a defence.

You need to cover it really thoroughly in a separate counter claim, with the defence (and with evidence appended, given this is already allocated to your local court and there won't be a separate WS stage).

Show us your draft. An example can be found on t'internet by searching:

Henry Hippo UKPC Counterclaim pepipoo

I helped him write his counterclaim & it won.

It's rare to get it accepted but let's give it a go.

Thanks, Coupon-mad, I'll start doing some research into it and will post the draft on here.

Coupon-mad

OK and earlier I posted a link to a similar thread, just without the counter claim!