Telephone Hearing to Set Aside CCJ at Country Court

injectedmadness

I think this is ready for submission tomorrow. Just waiting for a letter from the MA now, which is promised to arrive tomorrow.
Please have a look at this and feedback. I aim to send it by 12PM tomorrow. 

injectedmadness

(b) that any hearing is not vacated but continues as a costs hearing, in the event of a typical Notice of Discontinuance.  
Does this point discourage the claimant from discontinuing the claim?

Coupon-mad

No, in my experience it doesn't.

Looks good to me. 

Make sure this comes up to the final page and not a page on its own:

Date: 16TH July 2020

Approved Judgment from Southampton Court is appended to show why claims such as this are being summarily struck out

injectedmadness

Trial Bundle submitted today by email to court and claimant.
Thank you for all the help and patience in answering my questions. 

injectedmadness

Had some updates from the court and a Directions Questionnaire from the claimant in the past week.
The court asked why I had submitted a Witness Statement and Evidence at this stage. They said all that was needed was a Defence. They said that the WS and Evidence should normally be submitted after the DQ as the trial has not been set yet. However, the court accepted the complete bundle. 

Question: Doesn't that now give the claimant full view of my 'hand' and potentially work against me? 

As expected, I received a DQ from the claimant. I haven't received one from the court, which seems normal reading various threads. They have requested mediation, should I engage? I don't intend to settle for anything more than Zero GBP! Does it help in showing the judge that I tried to resolve without wasting the courts time?

Should I respond with my own N180 submission to the court? In terms of timelines, since the court has yet to send this to me but I have received one from the claimant do I have to respond within a specified time frame?  

Redx

Mediation expects you to make concessions , so zero payment is not compatible with mediation

If you did accept mediation , your stance would be that you owe nothing , a DQ wanting mediation is standard fodder as can be seen in the newbies thread , which also advocates saying NO to mediation and not to engage with a claimant DQ , so why are you asking instead of reading the good advice of Iamemanresu and Bargepole posted as links in the newbies FAQ sticky thread

Coupon-mad

If this is a hearing to hear your set aside application then you were right, you needed to send your WS & evidence of why you were unable to defend the claim/why the CCJ happened, and also a defence to the PCN to show the claim should be struck out, so this was all correct for that sort of application.

Not sure why a DQ is being sent out...normally there is no DQ if you are dealing with your local court.  No Mediation should be in play either, because surely this is a hearing for your application, no hearing about the stupid fake PCN?!

Is this because you submitted your bundle and set aside application and Draft Order to the CCBC instead of your local court?  I'd have gone straight for the local court and cut out the middle man CCBC.

Umkomaas

If you did send your bundle to the CCBC, then I'd be contacting your local court to check that it has been transferred to them. 

injectedmadness

so why are you asking instead of reading the good advice of Iamemanresu and Bargepole posted as links in the newbies FAQ sticky thread

@redx In this thread there has been no mention of a DQ as the case is with my local court already, unlike the advice given to other newbies. Hence, asking a specific question related to my case - which started as a Set Aside application. But yes, I have read the newbies page and other posts which have been very helpful in building a general picture of what to expect.

injectedmadness

If this is a hearing to hear your set aside application then you were right, you needed to send your WS & evidence of why you were unable to defend the claim/why the CCJ happened, and also a defence to the PCN to show the claim should be struck out, so this was all correct for that sort of application.

@coupon-mad The hearing for the set aside happened in June. As per the court order, the claimant was asked to re-send the claim paperwork and I was ordered to respond to it either by acknowledging service or submitting a defence. Upon enquiring with the court I was told that the order seemed a bit unusual but they felt that since the original claim was never received the Judge may have felt the need to provide both parties to correctly serve the paperwork (them the claim, me the acknowledgement and then an opportunity to defend within the timescales). So as of now:

• the CCJ has been Set Aside
• I have received payment of my Set Aside court costs
• I have received from claimant claim paperwork
• I have responded within the timeframe with a Acknowledgement of Service
• I then sent my Defence, Witness Statement and Evidence to the local court (also hand delivered) and claimant
• The court found it odd that I had sent the witness statement and evidence before the DQ was sent out
• Received DQ from Claimant
• Next actions in progress at the moment - Send DQ to local court