County Court Judgement Received

Coupon-mad

OK so this is a telephone hearing next week, about setting aside a CCJ.

The D is not you but a family member - did they pay £255 for this hearing?   
MAKE SURE THEY HAVE A NOTE TO ASK FOR THAT FEE TO BE AWARDED AGAINST THE CLAIMANT OR 'RESERVED' UNTIL THE LATER CASE HEARING!  PEOPLE KEEP FORGETTING TO ASK - IT'S A HUGE SUM, SO ASK!

This remote hearing is about the set aside, i.e. proving that the claim was NOT properly served, and that you acted promptly as soon as you found out about the CCJ, and - as an aside - the Judge will want to be sure that you have good prospects of successfully defending the claim (which everyone does, v parking firms). 

Has the D put in evidence to that effect?  Proof of moving addresses, etc?

I am copying your first post here to remind us that you acted promptly and it's about Horizon:

Blue1133 said:
Good evening.

CCJ judgement awarded - Gladstones and Horizon 4 months ago.
Found out after checking credit file before applying for credit today (2nd December)

They moved address shortly after the alleged contravention, and also bought a new vehicle, they were completely unaware of the claim, despite postal redirection in place nothing was received.

Your relative/friend was NOT expected to file a defence yet, they've had no opportunity to do so, as yet, and (assuming they received no letters or PCN) there is not even any info regarding who was driving or what this was even about! 

No need to panic.  You have not missed anything. 

Read the section in the NEWBIES thread second post about set asides, as I am sure I've left the link there that shows people what to expect and what the Judge wants to be satisfied about, in order to grant the set aside and ove the case on and to order the C to send the D a copy of the particulars, photos, etc., by xx date, in order to allow the D to then make an informed decision to put in a defence by yy date.

nosferatu1001

Blue1133 said:

How do I satisfy that point? I copied them into the bundle email, and as yet they have simply said they will not attend the hearing, and will rely on any information already provided. 

Filed the bundle, but no documents entitled skeleton arguments, statement of case or draft defence.

You communicate with them
If they refuse to do anything, then you of course point that out to the court
This isnt a tricky requirement - the parties have to agree. If they refuse to engage in this then you tell the court. 
You need to create the documents as required ,and I would have thought a defence was already filed. 

Coupon-mad

At set aside stage a defence is never filed until after the set aside is granted.

henrik777

Coupon-mad said:

At set aside stage a defence is never filed until after the set aside is granted.

Exactly. If you submit the best defence ever written for your set aside hearing to show "the defendant has a real prospect of successfully defending the claim" it's still not submitted as a defence to the claim even though such a thing might be a carbon copy of what is used to further your set aside application.

Blue1133

I am pleased to say, with great relief, this was set aside today, as it was a mandatory set aside the £255 fee is to be paid within 14 days, luckily I didnt forget that one!!!

Blue1133

My advice to others, make sure you are well prepared, the turning point was the length of time from the PCN to judgement for me, after setting the scene, quoting the relevant sections of CPR that they had enough reason to believe no longer at the address and had actually written to the uodated address after judgement also proved a simple search could have found me. The severe consequences of a ccj should mean the claimant takes such reasonable steps.

Le_Kirk

In the judgment letter (maybe you will receive that in a few days) do you have to now defend the original claim?  Does the claimant have to file a new POC?

Johnersh

Le_Kirk said:

In the judgment letter (maybe you will receive that in a few days) do you have to now defend the original claim?  Does the claimant have to file a new POC?

I've been thinking about this a lot in the last few days. 

Where, as here, the court sets aside in the basis that the claim was *never served* as C neither checked nor had good reason to believe D at that address, then strictly speaking the claim is dead as it has been issued, but C never served it within 4 months.

The costs of the set aside should not be reserved, but reimbursed, and the claimant should be required to issue fresh proceedings and pay the fee if they still want to pursue it. 

I fear they often game the system. If the ppcs were able to fudge the procedural requirements a little less a d be forced to cough up correct fees and adverse costs a little more often they might need to review their business model. 

nosferatu1001

Inded - what else is happening?
Congrats on getting costs immediately. Did they have a rep on the call? 

Le_Kirk

Johnersh said:

Le_Kirk said:

In the judgment letter (maybe you will receive that in a few days) do you have to now defend the original claim?  Does the claimant have to file a new POC?

I've been thinking about this a lot in the last few days. 
Where, as here, the court sets aside in the basis that the claim was *never served* as C neither checked nor had good reason to believe D at that address, then strictly speaking the claim is dead as it has been issued, but C never served it within 4 months.
The costs of the set aside should not be reserved, but reimbursed, and the claimant should be required to issue fresh proceedings and pay the fee if they still want to pursue it. 
I fear they often game the system. If the ppcs were able to fudge the procedural requirements a little less a d be forced to cough up correct fees and adverse costs a little more often they might need to review their business model. 

Good thinking and, having read the OP's post again it could be taken as: -

 the £255 fee is to be paid within 14 days..............

........... by the claimant to the defendant.  Maybe it should have said "repaid" but no doubt the OP is still walking about 10 feet off the ground.