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UK CPM - CCJ issued

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Comments

  • hiphop99
    hiphop99 Posts: 146 Forumite
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    Le_Kirk said:
    hiphop99 said:
    Le_Kirk said:
    That is their new POC by the look of it but what did the actual court order say?
    So this is different? What are the key differences?
    I have not received the actual court order yet.
    You will have to compare these new POC to those received with the original claim.   Hopefully, the order would have said the claimant to serve new compliant POC within xx days and the defendant to submit amended defence xx days later.
    I never received the original claim hence the Set Aside etc. Will that be sent to me with the Court Order?
    Sorry for the dumb questions as not sure on the process.

  • Redx
    Redx Posts: 38,084 Forumite
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    Use a SAR to obtain the documents that are missing , most people would have done this by now
  • Johnersh
    Johnersh Posts: 1,547 Forumite
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    Doing the best I can from what you say, there has or will be created all of the following. You need:
    1. Claim form
    2. Default judgment 
    3. Order on set aside
    4. New Particulars of Claim 

    It appears that the court has not yet produced document 3, but the claimant has newly sent document 4.

    There is no claim without a claim form - document 1. It starts proceedings. You should be sent a copy of that and the default judgment - document 2.

    On the claim form you will likely see an abbreviated version of what the claimant now says in document 4.

    Until you've seen it all, you cannot properly respond inmho. 
  • hiphop99
    hiphop99 Posts: 146 Forumite
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    Redx said:
    Use a SAR to obtain the documents that are missing , most people would have done this by now

    Come on Redx - I've requested this from UKCPM on two occasions and nothing has come of it.
  • Johnersh
    Johnersh Posts: 1,547 Forumite
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    Stuff an SAR. They'll provide these because they are the proceedings. They're not secret - they're the case. There's no reason not to. 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    hiphop99 said:
    Redx said:
    Use a SAR to obtain the documents that are missing , most people would have done this by now

    Come on Redx - I've requested this from UKCPM on two occasions and nothing has come of it.
    Then report their failings to the Information Commissioner's Office.
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
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    edited 6 June 2020 at 8:02PM
    I thought you said you had your Order, awarding costs?  We've asked a few times now, to see that order please because surely its says exactly what shoud be done by each party next.
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  • hiphop99
    hiphop99 Posts: 146 Forumite
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    I thought you said you had your Order, awarding costs?  We've asked a few times now, to see that order please becaue surely its says exactly what shoud be done by each party next.

    Hi Coupon-mad.
    Judge awarded me costs and then Gladstones got in touch with me directly asking for my bank details so they could pay.
    I have not received anything from the Courts yet. I think the mail in my area is really slow as Gladstones have obviously received something already.
  • hiphop99
    hiphop99 Posts: 146 Forumite
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    Hi guys
    Finally got the letter from the courts - three weeks late!
    IT IS ORDERED THAT
    1) The judgement is set aside
    2) Claimant must file and serve particulars of the claim setting out the breach of contract relied upon by 4pm on 12th June
    3) Defendant must file and serve her Defence by 4pm on 29 June 2020
    4) Related to costs, which has now been settled.

    Ok so how do I proceed with the above? All thoughts welcome.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    hiphop99 said:
    Ok so how do I proceed with the above? All thoughts welcome.
    My thought is to head towards complying with item 3) on that list.

    Of course that will only be necessary if the Claimant carries out their obligation listed at 2).
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