UK CPM - CCJ issued

Umkomaas

hiphop99 said:

Coupon-mad said:

Well done!   A very nice costs award too.

I think we need to work into our Draft Orders for CCJ cases, the words that, following the CCJ being set aside and that service being found to have been defective, the claim form is deemed not filed and served within the required 4 month timeline.  The original claim is no longer a live claim.  A new claim may now be reissued by the Claimant but the Claimant is order to pay the Defendant's costs for the N244 application in any case, and the deadline for a new claim to be filed and served and for the Claimant to pay the D's costs is 21 days from the date of service of this Order.

Johnersh can you see what I am trying to say here and put it in better language?  I feel it is unfair on CCJ set aside 'winners' that they are routinely ordered after set asides, to put in a defence next.  Yet they've usually never seen a claim, and the way the courts are going with these cases denies the Ds a chance to put in a WS & evidence about the actual PCN...it's all wrong.

£255 for the Set Aside and £50 for the Teleconference.

Did you have to fork out £50 up front for the teleconference to proceed?  If not (I've not heard of it before), why did the Judge add that to the £255 set aside cost award?

hiphop99

Yes

Umkomaas said:

hiphop99 said:

Coupon-mad said:

Well done!   A very nice costs award too.

I think we need to work into our Draft Orders for CCJ cases, the words that, following the CCJ being set aside and that service being found to have been defective, the claim form is deemed not filed and served within the required 4 month timeline.  The original claim is no longer a live claim.  A new claim may now be reissued by the Claimant but the Claimant is order to pay the Defendant's costs for the N244 application in any case, and the deadline for a new claim to be filed and served and for the Claimant to pay the D's costs is 21 days from the date of service of this Order.

Johnersh can you see what I am trying to say here and put it in better language?  I feel it is unfair on CCJ set aside 'winners' that they are routinely ordered after set asides, to put in a defence next.  Yet they've usually never seen a claim, and the way the courts are going with these cases denies the Ds a chance to put in a WS & evidence about the actual PCN...it's all wrong.

£255 for the Set Aside and £50 for the Teleconference.

Did you have to fork out £50 up front for the teleconference to proceed?  If not (I've not heard of it before), why did the Judge add that to the £255 set aside cost award?

Yes, this was the case. If you do not, it does not go ahead.

Assuming it is due to the current environment and the need to carry on as much as possible.

Just glad he agreed to let them pay for it!

Le_Kirk

Johnersh said:

@Le_Kirk consider it fortunate we've given up on the Latin.

Darn, there goes the usefulness of my GCE Latin!

Johnersh

Did you have to fork out £50 up front for the teleconference to proceed?  If not (I've not heard of it before), why did the Judge add that to the £255 set aside cost award?

Normally the claimant pays or the party who has a professional representative if one party is not. 

The fee covers the telephone conferencing costs and, critically, the recording facility.  There are very few approved providers, amongst which are BT, Legal Connect and Kidatu. Not all will work with everyone.   The facility can usually be set up as little as 2 hrs before the hearing. 

Coupon-mad

Seems ludicrous to get a Defendant to pay for a telephone hearing, and the wrong side surely, but I suppose this was your application but the £255 is meant to cover the hearing cost.  Thank goodness they were ordered to pay it.

hiphop99

Coupon-mad said:

Seems ludicrous to get a Defendant to pay for a telephone hearing, and the wrong side surely, but I suppose this was your application but the £255 is meant to cover the hearing cost.  Thank goodness they were ordered to pay it.

Yeah I am not sure on the particulars - I just want that money back asap but I can imagine it will take a while.

Really curious to see what these guys do next.

Does the removal of the set aside mean they are asking for the £160? and I can choose to take that to court? Surely that is Abuse of Process.

Coupon-mad

The CCJ is removed but the claim remains open for them to pursue.  The Judge will either have Ordered YOU to provide a defence within 14 days, or the C to provide you with something first, so you can then defend. 

It will be stated in the directions in the written Order the court will post out.  Make sure you always do what the court say you must do.  The PCN claim itself is not over until they discontinue. 

Or lose at the full hearing, if they persist!

hiphop99

Coupon-mad said:

The CCJ is removed but the claim remains open for them to pursue.  The Judge will either have Ordered YOU to provide a defence within 14 days, or the C to provide you with something first, so you can then defend. 

It will be stated in the directions in the written Order the court will post out.  Make sure you always do what the court say you must do.  The PCN claim itself is not over until they discontinue. 

Or lose at the full hearing, if they persist!

Yeah I'm 99.9% that he ordered them as he asked how long it will take me to reply to anything they send out.

When is it likely that they pay me?

They did say in their response:

"Without prejudice to its position, in the event the Court elects to have the Judgment set aside; the Claimant requests the Defendant do be ordered to file and serve a Defence within 14 days; where in default of this the Claimant be entitled to re-enter Judgment.

I don't think the Judge listened though!

hiphop99

Got an email about my costs - felt good!

Worth me asking about whether they plan to reissue proceedings? Will they even know at this stage?

DoaM

Don't poke the sleeping bear.