CCJ- Set Aside- CLAIMANT DISCONTINUED

henrik777

dtnwf said:

I'd received an email yesterday from the court stating: To enable the Judge to make contact with you to conduct this hearing please provide contact details for all parties who need to be present during this hearing.  Please send the contact details to XXXX@justice.gov.uk.  The Judge will then dial parties when they are ready to hear you.

I then emailed Gladstones and requested details. Today they then forwarded the contact numbers to the court and copied me into it. Claimants representative number and name + Defendants name and number.
Just to be safe I also sent the contact details too.

I just thought it was odd to have had all correspondence with Gladstones then have the Claimant/Claimants representative be the one present. I'm clearly looking too much into things, however having now been on the receiving end of their tactics i'm suspicious of every minor detail.

I recall at least one poster saying they had to pay £25 for something to do with this. Best check as you don'twant themto cancel  the hearing and possibly strike out based on non payment.

dtnwf

Just a quick update:
I had my telephone hearing. The Claimant did not answer their call and therefore did not attend.
I was awarded a set aside on CPR 13.3 - a reasonable defence and prompt in submitting the N244 form once I'd discovered the Default CCJ.
Costs are reserved for the next judge to decide.
Defence to be filed.
Claimant has opportunity to reply.

Thank you all. It is a massive relief! 

henrik777

At least it's set aside.
Did you get the draft order to be the judges order ?
What did the judge say about service at an old address ?

dtnwf

I'm more than happy that it's been set aside!
He went through my draft order and stated these points: Judgement set aside - Defendant to file defence by XX/XX2020 - Claimant to pay costs of application (reserved for next judge to decide) - Claimant permission to serve a reply by XX/XX/2020.
He initially asked me if I had anything to add as he had read my witness statement. I reiterated that I had not received any claim forms or any other letters from the Claimant but he didn't seem to be so concerned with that.

With the regards to the Claimant being offered the opportunity to reply; is this a reply to the set aside judgement or my defence?

henrik777

Claimant to pay costs of application (reserved for next judge to decide) - Claimant permission to serve a reply by XX/XX/2020.

None of that seems logical to me. Claimant to pay - next judge decides on the costs. 

What are they replying to ? No idea whatsoever. 

nosferatu1001

It would be a response to the defence, based on the order. Its optional 

Coupon-mad

So, are you ready to work on a defence, or did you pretty much write one as part of the CCJ submissions? 

Well done on getting rid of that scam CCJ and getting your costs reserved!

dtnwf

Please excuse me, I must have misheard the Judge. I have received the Judgment Order in which it states  'it is ordered that: the Claimant to pay the Defendants costs of this application to the sum of £255'. 

I have a Defence prepared, however it is 13 pages long + Southampton case. Would this be acceptable? 

Again, I am so thankful for all of the help I have received here. 

nosferatu1001

Even better, they have to pay regardless now. 
I expect they wil ldiscontinue if honest. Even if they win, at a hearing, it will cost them

How can your defence be 13 pages long?! Are you sure it is a defence? Not a witness statement? Because the template defence is nowhere near that long. 
Remember this is a text forum
If you state defence and mean WS, we cant know that. 

dtnwf

I would really like for them discontinue and even if they don't, knowing it will cost them to proceed is satisfying.

I utilised the template defence - then I've went further, adding facts specific to this PCN. eg, insufficient signage, Falsifying evidence and their authority to operate on the land. Is it incorrect to do so? 
My WS is markedly shorter.