I know, You've heard it all before. More CCJ angst

Greenwich2019

Coupon-mad said:

You are not to send any email.  You simply raise this as one of your bullet points at the hearing and if they are not attending, then you will have the floor!

Whoops. I did email them stating that their offer only related to one of the CCJs and not both and that they should write to the court in relation to both claims if we were to consider any offer they were making.

Looks like an error. Didn't really know what to do at the time.

Coupon-mad

The point is that offers marked 'without prejudice' can't be shown to the court.  That's a minor point but worth mentioning to the Judge at the hearing.

We are not talking about the offer itself, nor what your reply was.  We are saying they are not allowed to show without prejudice discussion to the Judge until it comes to the matter of costs, at the end.

Umkomaas

It wouldn't surprise me if it's just a ploy to add pressure on the OP, but CEL have no intention of actually going through to a court hearing, rather hoping for a cheque in the post or a judgment in default if the OP doesn't jump through every hoop necessary, until CEL discontinue. 

Unfortunately we have no way of guaranteeing how this will eventually play out, but have to advise the OP to continue meeting all the requirements as if this is going the whole way. 

Greenwich2019

I'm back at work on Tuesday so will scan my anonymous hearing docs in. I read them through today as it has been just over a year since I put my request for a set aside together with all of your help on this forum. Not sure I've done exactly the right thing but I can only be honest with what I put down and it is indeed all the truth.
Many thanks again for everything you've all done to date and hope me posting my request will help others to succeed or not fail in the future.

Greenwich2019

So finally managed to get my scans done but unfortunately the site will currently only allow images to be uploaded.....
My hearing is in a couple of weeks and this is what I submitted to the court originally in my request for a set aside.

Greenwich2019

Closing in on my hearing now. I have posted my hearing notes above. I just wondered if anyone had any further advice and cared to share it.
I remember saying to ask for costs to be reserved......should I do that at the beginning? When should I mention the irregularity of CEL disclosing a 'Without Prejudice' offer to the court? Should I just read my reasons for set aside document as posted above?
How are telephone hearings, does anyone know?
Do I have any chance of success? Many thanks for any tips or help.

Umkomaas

In your Draft Order, doesn't 5 rule out 2?

nosferatu1001

I would say keep to bullet points, and keep to short ones. THEN reference to wher e-your defence, your ws, theirs etc - your bullet refers, so you can quickly find it in the hearing. 
NO. You do not talk about costs until a decision made. Get the set aside agreed, then make sure you talk about costs. You dont need to remember either - you have a copy of the draft order you sent, so you know what youve asked for already!
To be clear: they can disclose that they made an offer, but hey cannot disclose the detailsd of said offer. I would raise this at the start, and just ask the court for their opinion on CEL breaking WP rules, as this has disadvantaged you. 

How many set aside threads have you read? How many were refused?

Greenwich2019

nosferatu1001 said:

I would say keep to bullet points, and keep to short ones. THEN reference to wher e-your defence, your ws, theirs etc - your bullet refers, so you can quickly find it in the hearing. 
NO. You do not talk about costs until a decision made. Get the set aside agreed, then make sure you talk about costs. You dont need to remember either - you have a copy of the draft order you sent, so you know what youve asked for already!
To be clear: they can disclose that they made an offer, but hey cannot disclose the detailsd of said offer. I would raise this at the start, and just ask the court for their opinion on CEL breaking WP rules, as this has disadvantaged you. 

How many set aside threads have you read? How many were refused?

Would I be advised to send my bullet pointed document to the court manager for on the day?

nosferatu1001

No! This is YOUR DOC to help YOU.