Telephone Hearing to Set Aside CCJ at Country Court

nosferatu1001

Ah ok that makes more sense

Yes, it is unusual to send your WS and evidence before a DQ, because in the usual process you await directions. 
DQ must also be sent to the Claimant. 

injectedmadness

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.

@Umkomass The Defence, Witness Statement and Evidence were submitted to the local court. I emailed a copy which was not accepted as the total page count of the bundle exceed 50 pages. I was asked to hand deliver it, which I did. I called the next day and was told it was marked as received.

nosferatu1001

I presume the WS related purely to the claim, nothing about the set aside any longer?

injectedmadness

nosferatu1001 said:

Ah ok that makes more sense

Yes, it is unusual to send your WS and evidence before a DQ, because in the usual process you await directions. 
DQ must also be sent to the Claimant. 

I was instructed here to send it all together. There was no mention of the DQ process. Reading on the forum about it, I thought since my case is following on from the Set Aside hearing it may follow a different path.

My concern here is that, I might have shown all my hand upfront. But it's done now, let's see how it all pans out.

injectedmadness

nosferatu1001 said:

I presume the WS related purely to the claim, nothing about the set aside any longer?

Indeed it is. All to do with my defence. This is a post I made earlier that summaries what my next actions after the Set Aside hearing.

Coupon-mad hoping to complete my draft today. 
I am in the process, after consulting the court regarding the dates I have to submit everything by, of drafting the following:

1. Defence

1. Witness Statement

1. Evidence

1. Summary of Costs

My Defence will be a combination of 'Primacy of Contract' and the right to peaceful enjoyment of my rented home as per the tenancy agreement, which does not stipulate any requirement for displaying a parking permit and only suggests I can park (in designated spaces) a vehicle that is legal (taxed etc). I will also combine here points raised in the abuse of process defence.

Fruitcake

Don't use the DQ from the claimant in case parts of it are already filled out by them or important parts omitted to their advantage and your detriment.
You should get one from the court, but if not you can download it, fill it in online and then print and sign it. I think it is form N180, but the bargepole guide to court in the second post of the NEWBIES will confirm this.

injectedmadness

Yep, there's quite a detailed account of how to on those. I've bookmarked a post (I think from bargepole) that lists exactly how to answer each question. I'll sort this out today and hand deliver to court tomorrow.

injectedmadness

So the verdict on mediation is a definite no then? My thoughts are that by engaging in mediation I am showing that I did try and resolve this before it went to court. Considering the managing agent also doesn't want to pursue the charge.
Regardless of the compromise suggested, I don't have to accept it and still can proceed to court?

Are there any pros or cons to this?

Fruitcake

The mediator will bully you in an attempt to get you to pay the scammers.
You want to pay nothing, the scammers want the full amount plus. There is no compromise and you cannot mediate on such different standpoints.

Just say no as per the advice already given.

Umkomaas

My thoughts are that by engaging in mediation I am showing that I did try and resolve this before it went to court.

In the hundreds of cases we've dealt with here, where the mediation stage has been refused by the defendant, I've yet to see any Judge make any comment or draw any negative (or other) inference from its refusal. You can either follow forum advice or plough your own furrow. If you are wanting to do the latter, carry on. It's very frustrating to be challenged on and have to explain, ad nauseam, every bit of advice we give. Just consider the extra burden it places on forum regulars, giving of their own time to help complete strangers with their particular problems.