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CCJ Defence & Charges

Dear All
Last year I opened an Money Claim Online against my hosting company for loss of business, poor email hosting to my customers, transfer of hosting. My total claim was for £1765.00 including court fees. quick run down to put you in the picture. I offer my clients IT consultancy and Support and have done for the last 25 to 28 years I'm only small and have a very select band of clients. I moved my email hosting over to a company back in 2017 and we were working fine, my clients all use Microsoft Office and specially Microsoft Outlook version 2010, 2013, 2016 or 365 not a problem, until Feb 2019 when something changed and my clients started to get the username and password box popping up and asking then to enter the password this was not just once but maybe 4 or 5 times a day and different clients, some would get the password incorrect which would cause the host firewall to lock them out but would also lock out the whole company all staff, then I have to get the public IP unlocked and reset the user account, this went on for months with not just one of my clients but all of them 20 different companies with staff ranging from 10 to 50+ and it went on until Aug 2019. My Host company keep saying the problem was a Microsoft Outlook (which I knew it was not) As they were working fine up to Feb 2019 and now that I moved my hosting they all working fine wihtout changing Microsoft Office or Microsoft Outlook, that tells me in basic terms that the issue was a change to the Hosting, which they not admitted but have admitted to having issuer with there clouding hosting platform. So I issued a CCJ for my loss of business, Time to correct, Cost for moving etc.. Not a lot of money but I felt why should I have to stand the cost for their error. So the Advise I need is They have applied to set aside my order "Because service of particulars of claim was not effected properly" they then go on to say that I was late in issuing the particulars of claim with in the 14 days period (which I was, it was Christmas and we went away) they quote CPR 7.4 and the fact I did not ask for an extension under CPR 3.2 (also correct) they also say I sent the details to the incorrect address (I sent it to the head office "Parent Company") Then they go into their Defence about Hosting and the issue was a Microsoft Outlook problem not theirs. So my question is looking at the first and second part which is my fault in delay  to send "Particulars of Claim" in time, their a good chance that the case will be set aside and I lose, Will I have to pay any further fees to them or their solicitors, I don't see any claims for expenses on the form N244 and I don't see any mention of claims for expenses from there solicitors. What I don't want to do is throw good money away on what looks like a lost cause.
I have paid all the court fee up front. I can post the defence details up if needed?

Comments

  • Xircom
    Xircom Posts: 57 Forumite
    10 Posts First Anniversary
    closed this one ; due to Covid-19 I took the decision that we would get no where fast and business where going to suffer under lock down so met with the 3rd party and we shook hand virtually and closed. I lost my legal cost but sometime that the right move to make. stay safe.
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