CEL CCJ - Trying to appeal. Please help

henrik777

The order asks for costs reserved, the witness statements asks for costs ? (for a failure to serve i'd ask for costs)

Sjay0207

Thanks Keith!!
Hope the below looks good.
3. Unless the Claimant serves a copy of the claim form on the Defendant by XX on DD/MM/YYYY paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by XX  on DD/MM/YYYY.
"Following XX " was a typo. Apologies. 

Does the Witness statement draft looks good. Please advice.

Thanks again!!

Sjay0207

@henrik777
 I just noticed it. Will it be ok to remove point 2 from the Draft order and just have five points.
1. The default judgment dated on 28/09/2019 be set aside.
2. Unless the Claimant serves a copy of the claim form on the Defendant by XX on DD/MM/YYYY paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
3. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by XX on DD/MM/YYYY.
4. Should the Claimant discontinue the Claim after the CCJ is set aside, the Claimant shall pay the Defendant's costs summarily assessed at £255.
5. All enforcement be put on hold pending the outcome of the application.

Please advice.
Thanks !! 

Coupon-mad

Yes, looks good.  We did have a post by Johnersh somewhere a few weeks back where we discussed adding something else about the original claims being dead because the claim form was not served within 4 months of filing it.

Le_Kirk

It should just be: -

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].

I suspect it was copy & paste over exuberance!

nosferatu1001

Have you contacted CEL to ask about set aside with consent, warning them that you will go for without consent if they dont agree? 
If not, then you do need to do that...

henrik777

Sjay0207 said:

@henrik777
 I just noticed it. Will it be ok to remove point 2 from the Draft order and just have five points.
1. The default judgment dated on 28/09/2019 be set aside.
2. Unless the Claimant serves a copy of the claim form on the Defendant by XX on DD/MM/YYYY paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
3. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by XX on DD/MM/YYYY.
4. Should the Claimant discontinue the Claim after the CCJ is set aside, the Claimant shall pay the Defendant's costs summarily assessed at £255.
5. All enforcement be put on hold pending the outcome of the application.

Please advice.
Thanks !! 

Honestly, i'd start from scratch.

Keep that 6 point one in your back pocket in case they don't grant the mandatory set aside based on defective service and instead grant a discretionary set aside.

1. The default judgment dated on 28/09/2019 be set aside.
2. The costs of this application ......
3. All enforcement be put on hold pending the outcome of the application.


What you are applying for is a mandatory set aside and, as such, the fault lies with the claimant who should almost automatically have costs awarded against them.

Now if things don't progress along these lines, there is nothing to stop you asking for that 6 point order instead so take 3 copies with you and produce if you need to.

IMO.

Sjay0207

Coupon-mad said:

Yes, looks good.  We did have a post by Johnersh somewhere a few weeks back where we discussed adding something else about the original claims being dead because the claim form was not served within 4 months of filing it.

Thanks. I shall check this..

Sjay0207

nosferatu1001 said:

Have you contacted CEL to ask about set aside with consent, warning them that you will go for without consent if they dont agree? 
If not, then you do need to do that..

I have just requested for SAR. I have not contacted them. I shall try to contact their appeals section today. May be send an email as their advice line is not operational currently.

Thanks again !!

nosferatu1001

This is not an "appeal" however, so they may just ignore you. Is there any contact for their legal "team"