Surprise CCJ - Flora St Sheffield Restricted Area - VCS / Elms Legal

Jenni_D

If you've already contacted the court then give it a couple of days for a response - if none then maybe phone the court as to whether the amended POCs are deemed filed and served? If they say yes then assume your 14 day clock has started ticking and proceed with your amended defence. (It seems there are very few amendments needed).

nosferatu1001

Indeed, you can just file to confirm your previous defence, maybe with an added line that the claimant failed to comply with the courts order of X date

henrik777

The opinion of the court staff, which they're not allowed to give you btw, means nothing.

Only a judge can decide, if the question is asked of them.

If they send a "fix" the 14 days then starts to run. If not then you could protect your position by entering a defence at the last minute but writing to the court pointing out the breach.

Supraman15

Update on this, I did file a defence which stated as the main point that the claimant had failed to comply with the order. I received the directions questionnaire and sent that back on time. I didn't hear anything for a few weeks so called case management but they just said that it takes a long time to be allocated a hearing slot and that a Judge is reviewing the case.

Last week I received a letter / court order stating that the claimant has failed to comply with the previous court order therefore the claim stands struck out

D_P_Dance

• They have wasted your time, now consider wasting theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

SayNoToPCN

Good to hear! 
Was this case ever formally allocated to the small claims track? That is a yes or no -you have the documents there to hand

If NO then you can go after them for your costs to date, at £19 per hour

Supraman15

No, the first time round they got a default judgement as I was unaware (old address). After I got that set aside they were ordered to re-issue an amended particulars of claim, they just re-sent the same doc and so failed to comply and then this order was sent through the post without any hearing needed

SayNoToPCN

OK so did your Courts Order cover all your costs? Say cost of set aside. 

Coupon-mad

Yes, if you are out of pocket you need to write to the court and ask for your costs to be considered and assessed now that the Claimant has defaulted, because they have caused you loss in the form of court costs for the set aside and that hearing, which can be traced back to their failure to properly serve the claim firm that they have now compounded by paying little or no regard to the court directions, let alone your interests as a consumer caught up in this matter.

Very good to hear that you won by the way but ask for your costs. 

There is an example in the NEWBIES thread post #2 about costs, of how to ask for those after the event - a link to a thread by @bluetoffee1878

Supraman15

The set aside order awarded my costs of £255 for the application, but the latest order which strikes out the claim just had a short paragraph about it being set aside and then:

IT IS ORDERED THAT

1. No order.


Thanks all I will write to the court to ask for costs for my time spent researching / writing a defence etc