UK CPM - CCJ issued

hiphop99

Hi all

Hope everyone is safe and well.

I have a telephone hearing for the Set Aside Judgement coming up imminently.

Does anyone have any guidance?

I tried to set up a conference call as per the court instructions - However, the company said I have to give details of the solicitors etc and if there are not two people on the call, the judge may decide to not go forward.

However, I do not have details for Gladstones besides their stock information on their website. What can I possibly do?

Thanks in advance

Coupon-mad

Email one of the Gladstones email addresses (search this forum!) and copy in the parking firm as well (search for an email online), and ask if they intend to attend the set aside telephone hearing on xx date and if so, what is the telephone number they wish to use? 

You could also ring Gladstones and wait in a queue to speak to them, but make sure you don't listen to any misleading, bullying dross about ''you won't win, we'll oppose it...but will you settle and pay us £xxx and we'll mark the CCJ as satisfied'' (not the same thing as setting it aside!).    DO NOT TALK ABOUT THAT.  Just ask for the phone number and tell them to stop asking you for money.

Just ask them about whether Gs or the PPC will attend and give them 48 hours to confirm because time is of the essence.

If you get no reply after a week, email the Judge and tell them about your efforts and that it appears they are not interested in opposing your application or attending the conference.  Don't worry about the usual hearings needing both sides to attend.  A set aside application is different and often goes ahead with just the applicant & Judge.

Johnersh

hiphop99 said:

I do not have details for Gladstones besides their stock information on their website. What can I possibly do? 

Thanks in advance

Really?  We don't have their advocate's phone number, so what do you think - ask!!
If it is not provided within reasonable time and you can't det through, let the court know. 

hiphop99

Coupon-mad said:

Email one of the Gladstones email addresses (search this forum!) and copy in the parking firm as well (search for an email online), and ask if they intend to attend the set aside telephone hearing on xx date and if so, what is the telephone number they wish to use? 

You could also ring Gladstones and wait in a queue to speak to them, but make sure you don't listen to any misleading, bullying dross about ''you won't win, we'll oppose it...but will you settle and pay us £xxx and we'll mark the CCJ as satisfied'' (not the same thing as setting it aside!).    DO NOT TALK ABOUT THAT.  Just ask for the phone number and tell them to stop asking you for money.

Just ask them about whether Gs or the PPC will attend and give them 48 hours to confirm because time is of the essence.

If you get no reply after a week, email the Judge and tell them about your efforts and that it appears they are not interested in opposing your application or attending the conference.  Don't worry about the usual hearings needing both sides to attend.  A set aside application is different and often goes ahead with just the applicant & Judge.

Thank you for the advice.

The hearing is within 5 days - Unfortunately the current mail system has meant that a letter dated 1st of May only arrived today.

So in terms of next steps - I call and email Gladstones/UK CPM (I have written to them previously) as it is a durable medium. I will give them until two days before.

Do I have to call and email?

I will be representing my wife - How would I make this clear to the judge? She is very anxious about the whole thing and does not want to have to say anything.

Coupon-mad

Email tonight (Gs and the parking firm, BOTH) and phone them tomorrow, but it has to be your wife that does that.  She is the Defendant, you are a third party...until the hearing itself.   

You can be her lay rep and speak for her and she just says that to the court right at the start of the conference call (we assume you will share the same phone)?  Only one of you can speak but she has a right to a lay rep under the Lay Representatives (Rights of Audience) Order 1999.

hiphop99

Coupon-mad said:

Email tonight (Gs and the parking firm, BOTH) and phone them tomorrow, but it has to be your wife that does that.  She is the Defendant, you are a third party...until the hearing itself.   

You can be her lay rep and speak for her and she just says that to the court right at the start of the conference call (we assume you will share the same phone)?  Only one of you can speak but she has a right to a lay rep under the Lay Representatives (Rights of Audience) Order 1999.

Got through to them and they said they will not be attending the hearing. They said they submitted evidence to the court on 11th and then hung up the phone on us.

Feeling a bit anxious - I have a witness statement, draft order and defence ready to go already but am curious to what they could have submitted and how it will impact the case.

Any tips? We genuinely moved out when all the letters came through.

Ralph-y

so they did not submit any thing to you on the 11th?

I expect you will be told to inform the judge of such

Ralph

hiphop99

Ralph-y said:

so they did not submit any thing to you on the 11th?

I expect you will be told to inform the judge of such

Ralph

I have not received anything from them. Should they have also sent to me?

Will I be able to see what they have prior to the hearing?

Le_Kirk

The requirement for defendant and claimant is always to file (on the court) and serve (on the other parties), therefore if they have failed to serve on you, you should inform the judge.  One has to assume/hope that they have your correct address for service or, if they have served by e-mail, your correct e-mail address.

Coupon-mad

I hope you are not saying that your wife failed to comply with the Order setting that court hearing date?

 I have a witness statement, draft order and defence ready to go

Your wife's WS and evidence was due 2 weeks before the hearing...as was the Claimant's.