County Court Judgement Received

Coupon-mad

I will link this thread as a shining example of getting a set aside in front of a difficult Judge AND getting the £255 ordered to be paid by the PPC was well!  Very well done!

strictly speaking the claim is dead as it has been issued, but C never served it within 4 months.

I was reading about that only yesterday, Johnersh.  I read a load of Civil Litigation Brief articles after looking for a certain thing and got hooked in, reading more, and saw that about a claim being filed, having to be served within 4 months or that claim is dead. 

Can we bring that point into our strategy somehow, into the Draft Order maybe?
  

Johnersh

@Coupon-mad Can do, certainly. We should ask - possibly including a sprinkling of the case law (we know how ppcs love that)...

... but forumites will need to exercise care on which template to use.  Those who've overlooked post/claim forms validly served clearly still face an active claim.

Yes I genuinely dunno how Gordon gets any work done whilst writing his blog...

Coupon-mad

He is so prolific!

Blue1133

Coupon-mad said:

I will link this thread as a shining example of getting a set aside in front of a difficult Judge AND getting the £255 ordered to be paid by the PPC was well!  Very well done!

strictly speaking the claim is dead as it has been issued, but C never served it within 4 months.

I was reading about that only yesterday, Johnersh.  I read a load of Civil Litigation Brief articles after looking for a certain thing and got hooked in, reading more, and saw that about a claim being filed, having to be served within 4 months or that claim is dead. 

Can we bring that point into our strategy somehow, into the Draft Order maybe?
  

Morning, have to say I'm still over the moon this morning. 
With regards to the Judge, he was merely testing the strength of my argument, in the end I would say that is to be expected and cannot criticise that, he probably comes across alot of chancers who would crumble at that question and rightly fold. This is my one and only experience of setting aside so I cannot say whether the Judge was being difficult or not, I have nothing to compare it to but overall found him to be friendly all things considered, and genuinely listened to my arguments, as the tide turned, I was prepared, not a chancer trying it on. 

Blue1133

Good morning guys,
Just a quick follow up here, looking to move things forward and wanted to get an idea of how these things usually progress. It's been almost two weeks since the mandatory set aside was ordered.
As of yet, no correspondence has been received in the post whatsoever. My inclination is to contact the court as I am assuming they would have posted something by now.
Secondly, nothing from the claimant or representatives, notably absent is a cheque for £255!
The order was for them to file the claim within 14 days, having done a bit of reading, it looks like even if they do not meet this deadline, then they may have some leeway with good reason for this.
Am I right to sit it out for  until 14 days has been surpassed? 

Umkomaas

Am I right to sit it out for  until 14 days has been surpassed? 

If they have a window of 14 days, there's nothing to do until the deadline has passed. What were you thinking of doing in advance of it (and your reason for question to the forum above)?

Coupon-mad

The order was for them to file a defence within 14 days, 

They are the Claimant and they don't have to do a defence.  What was actually ordered?

Blue1133

Correction, should read Proceedings to be filed with 14 days. Then within 14 days of that I am to file defence.

Redx

Then you are waiting or them to do so , so sit on your hands and wait

Blue1133

Afternoon all, still no sign of the order, maybe it hasn't been posted, as there is also no cheque to pay my costs awarded at the set aside. I have emailed the court, also tried calling each day this week - no answer ir staff working yet I assume. 
I am in a situation where I am supposed to file a defence by next Thurs to a claim that I'm assuming hasn't been filed, in response to an order that I haven't received yet, only verbally at the end of the hearing.