Gladstones and CPM CCJ - old address

duckieb

Thanks very much all. No of course I know that they are not defending anything so the Defence would not refer to their WS; however I just wondered whether the Judge just thought that would cover it when he filled out the order, as why would they send me my own draft Defence back? He gave it back to me himself at the end of hearing. It was a very odd experience with the Judge and he was incredibly brisk but wrote the order in front of me and explicitly said he was going to ask that the WS be sent to me. It is a shame as again I have none of the evidence and I saw that they had included the photos they'd taken in their WS - I am going to contact Gladstone's once again to ask that they send me what they have on the case, and will clarify with the court as suggested by henrik777.

I have read all the defences; I have spent probably well over 40 hours scouring this forum, reading documents etc. I will go through them again to see what can be applied to my case and how best to go about this. Will post a draft for everyone's perusal in the coming week and get working on a WS and SA too.

duckieb

Hello all. Sorry for how late this is - I've had a number of health and other problems including a bereavement which pushed this to the back of the queue, unfortunate as I have to submit next week. The hospital have been completely unhelpful, Gladstones and UK CPM haven't responded to my second SAR, and the courts didn't send me the original WS for the CCJ so I have virtually no evidence to go on other than the v sparse PoC and no memory of the day in question. I've therefore written a fairly vague defence but it will have to do. I would be grateful for any comments on it if anyone has any time, although I know of course time is short. I also wanted to ask about people's thoughts re getting a lawyer for the day itself - my last experience with a very difficult judge who barely let me finish a sentence has cast a lot of doubt as to whether I can coherently defend this on the day. 

Thank you very much if you manage to read the below and give any advice. EDIT to say I've attached it as for some reason it won't let me copy and paste it into a post.

duckieb

Hi all - I have not posted here in a while but have some good news. After my CCJ was set aside, a new date was set for the claim hearing for August 2021. However I have now received an email from Gladstones telling me that UK CPM Ltd have decided to discontinue the claim! Wahey! I am so eternally grateful for everyone's help here. However I did want to ask whether this means they pay for my CCJ fees? I had put that they should do so if they end up discontinuing the claim in the initial draft order - do I contact the County Court regarding this, or speak to Gladstones? OR just forget the whole thing and move forward?
Thank you!

nosferatu1001

Well you know what the Order from the court said after the set aside; your draft does not matter any longer 
What does that say? Verbatim

duckieb

The order states:
'By Consent of Claimant it is ordered that:
1. Judgement in default dated 22/03/20i9 set aside for want of service.

Not by Consent:
2. Defendant's sole address for service amended on Court record to XX
3. Claim shall now be re-served by post by Court upon Defendant together with draft forms of Defence and instructions for response.
4. No order as to costs.'

I assume this means I have no leg to stand on. Annoying as I asked the judge specifically about my costs, and he said no that would apply when we came to the actual claim and could be sorted out then. 

nosferatu1001

It means that there is, to my mind, no chance you will get costs
You would have seen that costs are to be reserved would mean they would be reserved to the hearing

Johnersh

@nosferatu1001 is correct. No order for costs means that the costs of the hearing are indeed gone, not rolled forward. Frustrating when the hearing need not have happened at all. 

duckieb

Thank you all. Very frustrating indeed as the whole debacle of the hearing didn't even need to go ahead if Gladstones had just told me that they'd consented to the set-aside. Waste of time and stress and emotional energy but I'm glad at least it is over. Now to sort out the other one...